all - Opinion Summaries

TOWNSEND v. QUASIM

Civil Rights, Government Benefits, Health Law
Denial of community-based long term in-home nursing care for "medically needy" disabled persons violates the ADA unless the state can demonstrate that...

SNELSON v. KAMM

Evidence, Health Law, Injury & Tort Law, Professional Malpractice, Remedies
In a medical negligence action, 1) plaintiff's expert was qualified to render opinions offered at trial, and established all elements of the case, 2)...

OSTAD v. OREGON HEALTH SCIENCES UNIV.

Civil Rights, Constitutional Law, Health Law, Labor & Employment Law
In a former hospital resident's claims that termination from a residency program was in retaliation for questioning of a doctor's billing practices,...

BOEHM & ASSOCS. v. WORKERS' COMP. APPEALS BD.

Government Benefits, Health Law, Judgement Enforcement, Labor & Employment Law, Workers' Compensation
The Medi-Cal recoupment provisions apply to workers' compensation proceedings, but Welf. & Inst. Code section 14124.78 does not apply where a...

S. CAROLINA MED. ASS'N v. THOMPSON

Constitutional Law, Health Law, Insurance Law
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not unconstitutionally delegate legislative function. Regulations...

THOMAS v. CHRIST HOSP. & MED. CTR.

Health Law, Injury & Tort Law, Professional Malpractice
A claim alleging that a hospital failed to stabilize a psychiatric patient prior to discharge under the Emergency Medical Treatment and Active Labor...

SPOHN HOSP. v. MAYER

Health Law, Injury & Tort Law, Professional Malpractice
Per Curiam decision.

JACOBS v. GROSSMONT HOSP.

Government Law, Health Law, Injury & Tort Law, Professional Malpractice
To effectuate legislative intent for persons detained pursuant to a 72-hour hold, Welfare and Institutions Code section 5278 immunity applies to...

MUCCIANTI v. WILLOW CREEK CARE CTR.

Civil Procedure, Health Law, Injury & Tort Law, Insurance Law
The requirements of Code of Civil Procedure section 128(a)(8) have not been met when vacation of a wrongful death judgment will likely affect the...

TEDFORD v. WARNER-LAMBERT CO.

Civil Procedure, Drugs & Biotech, Health Law
In a suit against the maker of Rezulin that was removed to federal court, the removal statute's (28 U.S.C. - 1446(b)) one-year limit on removal is...