United States Eleventh Circuit

In a medical malpractice action, the denial of partial summary judgment for defendant is reversed where the district court, in striking down, under the Equal Protection Clause, a state statute that did not exempt the "legally incompetent" from the general two-year statute of limitations, overlooked the essential principle that matters of social and economic policy, particularly when they came to bear on the health and welfare of a state's citizens, were quintessentially legislative in nature.

Appellate Information

• Decided 02/26/2010
• Published 02/26/2010

Judges

• MARCUS, Circuit Judge:, Before BLACK, MARCUS and HIGGINBOTHAM, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Morton Gerald Forbes, Scot Vanderver Pool, Forbes, Foster & Pool, Savannah, GA, for Egleston., Brent J. Savage, Kathryn Hughes Pinckney, William H. Pinson, Jr., Savage, Turner, Pinson & Karsman, Savannah, GA, for Deen.