United States Ninth Circuit

In an action under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. section 1395dd(a), based on an emergency room physician's failure to diagnose plaintiff's bacterial infection, summary judgment for defendants is affirmed where the district court had discretion to entertain successive motions for summary judgment and did not abuse its discretion in permitting defendants to file a successive motion.

Appellate Information

• Argued 12/08/2009
• Decided 01/21/2010
• Published 01/21/2010

Judges

• Before A. WALLACE TASHIMA, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kevin G. Little, Fresno, CA, for the plaintiff-appellant.


• For Appellees:
  
• Lara M. Krieger, Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for the defendant-appellee.