all - Opinion Summaries

GRAY v. BEVERLY ENTER.

Civil Procedure, Health Law, Injury & Tort Law
In a suit against a nursing home for negligence, denial of plaintiff's motion to remand to state court is reversed where the joinder of in-state...

MCKENNA v. WRIGHT

Civil Procedure, Civil Rights, Health Law, Injury & Tort Law
A qualified immunity defense can be presented in a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

GARLAND CMTY. HOSP. v. ROSE

Health Law, Injury & Tort Law
A claim for negligent credentialing is a health care liability claim under the Medical Liability and Insurance Improvement Act.

NOVA HEALTH SYS. v. GANDY

Constitutional Law, Health Law, Juvenile Law
Plaintiff-abortion providers' challenge to an Oklahoma statute, which makes abortion providers liable for subsequent medical costs incurred by a minor...

WHITMAN v. MILES

Health Law, Labor & Employment Law
In a claim for maintenance and cure benefits by a seaman who is suffering from multiple sclerosis, summary judgment in favor of defendant-employer is...

PASCACK VALLEY HOSP. v. LOCAL 464A

Civil Procedure, Contracts, ERISA, Health Law
Plaintiff-hospital's state law breach of contract claims are not completely pre-empted by ERISA's civil enforcement provision where plaintiff could...

GRAY v. SUPERIOR COURT OF NAPA

Constitutional Law, Criminal Law & Procedure, Health Law
Barring plaintiff-doctor from practicing medicine as a condition of bail, while not unreasonable per se, violates his procedural due process rights.

C.R. BARD, INC. v. US SURGICAL CORP.

Health Law, Intellectual Property, Patent
In a patent dispute concerning a device used to repair hernias, judgment of non-infringement is affirmed where defendant's device did not include a...

LIVINGSTON CARE CENTER v. US DEP'T OF HEALTH AND HUMAN SERV.

Administrative Law, Health Law
Defendant's decision that plaintiff-care facility failed to comply with the Medicare participation requirement of 42 C.F.R. section 483.25(c) is...

DINGLE v. BIOPORT CORP.

Administrative Law, Civil Procedure, Drugs & Biotech, Health Law
Plaintiff's qui tam false claims action, alleging that defendant made false statements when it supplied anthrax vaccines to the government, is...