all - Opinion Summaries

VESS v. CIBA-GEIGY CORP. USA

Civil Procedure, Commercial Law, Consumer Protection Law, Drugs & Biotech, Health Law, Injury & Tort Law
FRCP 9(b)'s particularity requirement applies to state law cause of action in a diversity case, and where fraud is not an essential element of a...

DISCOVERY HOUSE, INC. v. CONSOL. CITY OF INDIANAPOLIS

Civil Rights, Constitutional Law, Health Law, Property Law & Real Estate, Remedies
A for-profit drug addiction rehabilitation program operator did not have standing to seek lost profits, under the ADA or the Rehabilitation Act, for a...

SOMMER v. DAVIS

Evidence, Health Law, Injury & Tort Law, Professional Malpractice
Expert witnesses in a medical malpractice action were not competent to testify under Tennessee law, where plaintiffs failed to disclose one witness in...

PEOPLE EX REL DEP'T OF PROF'L REGULATION v. MANOS

Civil Procedure, Evidence, Health Law, Professional Malpractice
Information acquired by a dentist in attending any patient in a professional character, necessary to enable dentist to professionally serve the...

HUNT v. LINCOLN COUNTY MEM'L HOSP.

Health Law, Professional Malpractice
Emergency room treatment plaintiff received for a foot injury was appropriate for purposes of the Emergency Medical Treatment and Active Labor Act,...

ROLLAND v. ROMNEY

Elder Law, Government Benefits, Health Law
The Nursing Home Reform Amendments to Medicaid require states to provide dual need nursing home residents with specialized services if screening deems...

WALLIN v. NORMAN

Civil Procedure, Civil Rights, Health Law
A prisoner properly pled facts sufficient to establish that prison officials acted with deliberate indifference to his serious medical needs. District...

MARKVA v. HAVEMAN

Class Actions, Government Benefits, Health Law
In a class-action challenge to the Michigan Medicaid plan's methodology for calculating eligibility and benefits for relatives caring for dependent...

CIRINO-ENCARNACI-N v. CONCILIO DE SALUD INTEGRAL DE LO-ZA, INC.

Civil Procedure, Health Law, Professional Malpractice
The district court erred in not first determining that defendants had met their discovery obligations, before dismissing an Emergency Medical...

DYACK v. COMMONWEALTH OF THE N. MARIANA ISLANDS

Civil Rights, Government Law, Health Law, Labor & Employment Law
A physician with the Department of Public Health was not a member of the Commonwealth of the Northern Mariana Islands Civil Service, and was not...