United States First Circuit

In plaintiff's action against a hospital and several physicians alleging violation of the Emergency Medical Treatment and Active Labor Act (EMTALA), district court's granting of defendants' motion for summary judgment is affirmed where: 1) plaintiffs failed to establish a violation of the EMTALA stabilization provision, as interpreting the provision to apply where transfer occurs is fully consistent with EMTALA's statutory purpose; 2) district court was entitled to dismiss plaintiffs' state law claims against defendants without prejudice which plainly includes state-law claims against the individual physicians; and 3) district court did not err in dismissing state-law claims brought by plaintiff Taveras, a citizen of Germany, on basis of diversity of jurisdiction as several of the plaintiffs and the defendants are citizens pf Puerto Rico.

Appellate Information

• Decided 09/04/2009
• Published 09/04/2009

Judges

• LIPEZ, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• José Luis Ubarri, with whom Brown & Ubarri was on brief, for appellant.


• For Appellees:
  
• Teresa M. García-Moll for appellee Ryder Memorial Hospital, Inc., José A. Gonzalez Villamil on brief for appellees Dr. Enrique Octavio Ortiz-Kidd, the conjugal partnership of Dr. Enrique Octavio Ortiz-Kidd and his wife, and Triple-S, Inc., José Miranda Daleccio on brief for appellee Juan Ramón Gómez López., Igor Domínguez Pérez on brief for appellee Dr. Griselle Pastrana., Luis R. Ramos Cartagena on brief for appellee Sindicato de Aseguradores de Impericia Medico Hospitalaria.