all - Opinion Summaries

CARDENAS v. ANZAI

Civil Procedure, Government Benefits, Health Law, Injury & Tort Law
A suit brought by Medicaid recipients against officials of the state of Hawaii, concerning the distribution of tobacco litigation settlement funds, is...

BUI v, AM. TELE. & TELE. CO., INC.

Contracts, ERISA, Health Law, Injury & Tort Law, Professional Malpractice
ERSIA preempts contract claims resting on administrative decisions made in the course of administering an ERISA plan, but does not preempt claims for...

ORENS v. NOVELLO

Health Law, Labor & Employment Law, Professional Malpractice
A physician's assistant is a "lay member" within the meaning of Public Health Law section 230, which establishes committees hearing charges of...

CMTY. HEALTH CTR. v. SOC. SERV.

Government Benefits, Health Law
In a suit challenging a "productivity screen" limiting reimbursements under the Medicaid Act, 42 U.S.C. section 1396a(bb)(1), that statute is...

ROSIE D. v. SWIFT

Class Actions, Constitutional Law, Government Benefits, Health Law
The Eleventh Amendment does not bar a class action against Massachusetts officials for prospective injunctive relief, arguing that the federal...

ST. JOSEPH HOSP. v. WOLFF

Health Law, Injury & Tort Law, Landlord Tenant Law, Professional Malpractice
In claims against a teaching hospital based on a resident's negligent treatment of a patient, no evidence supported jury findings of joint enterprise,...

IMBLER v. PACIFICARE OF CALIFORNIA, INC.

Contracts, Dispute Resolution & Arbitration, Health Law, Injury & Tort Law
The Federal Arbitration Act does not preempt Health and Safety Code section 1363.1 by operation of the McCarran-Ferguson Act, and arbitration...

MARION HOSP. CORP. v. THE ILLINOIS HEALTH FACILITIES PLANNING BD.

Administrative Law, Civil Procedure, Health Law, Property Law & Real Estate
Where, at the time the appellate court issued its opinion, the medical facility in question had been built and the capital which defendant had...

CARTER-SHIELDS v. ALTON HEALTH INST.

Contracts, Corporation & Enterprise Law, Health Law, Labor & Employment Law
Because the prohibition against the corporate practice of medicine does not apply to a corporate entity which has been sanctioned by the legislature...

ROARK v. HUMANA, INC.

ERISA, Health Law, Injury & Tort Law
In a consolidated action, where plaintiffs sued their HMOs for negligence under Texas law, two plaintiffs' suits are dismissed due to preemption by...