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Description Date Docket #

ORTLIEB v. UNITED HEALTHCARE

United States Eighth Circuit
ERISA, Health Law, Labor & Employment Law
Denial of health care coverage for Total Parenteral Nutrition treatment, on the basis it was experimental, investigational or unproven, is affirmed...
10/28/2004 04-1383

PEOPLE v. ARBACAUSKAS

California Court of Appeal
Criminal Law & Procedure, Health Law
Defendant's charge of cultivating marijuana is dismissed where substantial evidence supports that he was a qualified patient under the Compassionate...
10/26/2004 C044110

DICKENSON v. CARDIAC AND THORACIC SURGERY

United States Sixth Circuit
Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
In a suit for medical malpractice, summary judgment in favor of defendant is reversed where the district court abused its discretion by excluding the...
10/25/2004 03-5355

GOLIGER v. AMS PROPERTIES, INC.

California Court of Appeal
Dispute Resolution & Arbitration, Health Law, Injury & Tort Law
In a wrongful death action, denial of defendant's motion to compel arbitration is affirmed where decedent's daughter was not authorized to waive...
10/21/2004 B166686

PEOPLE v. SANTI

Court of Appeals of New York
Criminal Law & Procedure, Health Law, Professional Malpractice
A licensed physician is not exempt from criminal prosecution under Education Law section 6512 for aiding and abetting an unauthorized individual in...
10/21/2004 No. 122

SWANN v. SOUTHERN HEALTH PARTNERS, INC.

United States Eleventh Circuit
Civil Rights, Health Law, Injury & Tort Law
In an action concerning health services provided to inmates, the heightened pleading standard is not applicable to claims brought under 42 U.S.C....
10/21/2004 03-14387

BENUN v. SUPERIOR COURT OF LOS ANGELES COUNTY (COUNTRY VILLA E., L.P.)

California Court of Appeal
Civil Procedure, Health Law, Injury & Tort Law
The Code of Civil Procedure, section 340.5, three-year statute of limitations for actions for injury or death against health care providers, based...
10/19/2004 B174606

CHAVEZ v. SUPERIOR COURT OF ORANGE COUNTY (PEOPLE)

California Court of Appeal
Criminal Law & Procedure, Health Law
The Compassionate Use Act, which provides seriously ill individuals with the right to obtain and use marijuana for medical purposes, does not...
10/19/2004 G033378

BLUE CROSS v. PHILIP MORRIS, INC.

Court of Appeals of New York
Consumer Protection Law, Health Law, Injury & Tort Law
Claims by a third party payer of health care costs, seeking to recover costs of services provided to subscribers as a result of those subscribers...
10/19/2004 No. 82

MCKENNA v. WRIGHT

United States Second Circuit
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.
10/18/2004 04-0492

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