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Description Date Docket #

ARTAL v. ALLEN

California Court of Appeal
Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
Where plaintiff did not, and could not, discover her injury and its negligent cause prior to exploratory surgery, she is not barred by the statute of...
08/14/2003 B159581

SHERWIN-WILLIAMS CO. v. HOLMES COUNTY

United States Fifth Circuit
Civil Procedure, Health Law, Injury & Tort Law, Product Liability
The district court gave insufficient weight to factors supporting exercise of jurisdiction and erred in dismissing a declaratory action as to a paint...
08/13/2003 02-60578

US v. MACKBY

United States Ninth Circuit
Administrative Law, Constitutional Law, Government Benefits, Health Law, Remedies
A judgment of civil penalties and treble damages, for submission of false Medicare claims, was not grossly proportional to the gravity of the offense...
08/12/2003 02-16778

US v. CAPLINGER

United States Fourth Circuit
Criminal Law & Procedure, Health Law, Sentencing
When sentencing defendant convicted of wire fraud and money laundering, district court erred in assessing a two-level enhancement under U.S.S.G....
08/11/2003 01-4878

PATHWAYS, INC. v. DUNNE

United States Second Circuit
Civil Procedure, Constitutional Law, Health Law, Property Law & Real Estate
Where there are no longer any pending state proceedings that could implicate the Younger abstention doctrine (Younger v. Harris, 401 U.S. 37 (1971))...
08/08/2003 01-9343

US v. LECLAIR

United States Eighth Circuit
Criminal Law & Procedure, Health Law
District court did not err in committing appellant to the custody of the Attorney General, because he suffered from a mental disease or defect and...
08/05/2003 02-2593

US v. THURSTON

United States First Circuit
Criminal Law & Procedure, Health Law, Sentencing
Conviction for conspiracy to commit Medicare fraud is affirmed, however the downward sentencing departures based on good works and purported disparity...
08/04/2003 02-1966, 02-1967

HARGRAVE v. VERMONT PROT. AND ADVOCACY, INC.

United States Second Circuit
Civil Rights, Constitutional Law, Health Law
A suit challenging a Vermont law that overrides the durable power of attorney for health care for patients who are committed or imprisoned, Vt. Stat....
08/01/2003 02-7160

SONOCO PRODS. CO. v. PHYSICIANS HEALTH PLAN, INC.

United States Fourth Circuit
Civil Procedure, ERISA, Health Law
In a contractual dispute arising over employee health programs, which was removed to federal court, the denial of plaintiff's motion to remand to...
07/31/2003 02-2137

EASTOVER MINING CO. v. WILLIAMS

United States Sixth Circuit
Administrative Law, Government Benefits, Health Law
An award of benefits pursuant to the Black Lung Benefits Act, 30 U.S.C. sections 901-45, is reversed where the Administrative Law Judge gave...
07/31/2003 01-4064

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