all - Opinion Summaries

MEJIA v. CMTY. HOSP. OF SAN BERNARDINO

Health Law, Injury & Tort Law, Professional Malpractice
In a medical malpractice action, a nonsuit on the issue of ostensible agency was improper where plaintiff sought treatment at a hospital and there was...

MED CORP., INC. v. CITY OF LIMA

Constitutional Law, Health Law, Government Law
An ambulance company's claim, that a suspension from receiving 911 emergency dispatches from the city was a deprivation of property and liberty...

CARDIAC PACEMAKERS, INC. v. ST. JUDE MEDICAL, INC.

Health Law, Intellectual Property, Patent
A patent for implantable defibrillators is invalid for indefiniteness under 35 U.S.C. section 112, where specification of the patent fails to disclose...

AAIPHARMA INC. v. THOMPSON

Administrative Law, Consumer Protection Law, Health Law
A claim that the FDA has a duty to ensure the accuracy of listings in its Approved Drug Products With Therapeutic Equivalence Evaluations publication,...

PATEL v. MIDLAND MEM'L HOSP. & MED. CTR.

Civil Rights, Health Law, Labor & Employment Law
Claims arising out of a hospital's summary suspension of a doctor's clinical privileges were not actionable where 1) plaintiff received all the...

LETOURNEAU LIFELIKE ORTHOTICS & PROSTHETICS, INC. v. WAL-MART STORES, INC.

Civil Procedure, ERISA, Health Law, Labor & Employment Law
A prosthetic health care provider lacked standing to bring an action, for payment for replacing part of a prosthetic device furnished to a health plan...

MATTIS v. CARLON ELEC. PROD.

Health Law, Injury & Tort Law, Product Liability
Evidence supported a jury verdict in a products liability case, where plaintiff established 1) defendant's cement was the cause of his lung injury,...

TOURE v. AVIS RENT-A-CAR SYS., INC.

Health Law, Injury & Tort Law, Insurance Law
In order to meet the "serious injury" threshold under the "No-Fault Law," Insurance Law section 5102(d), a plaintiff may use 1) an expert's numeric...

TASSY v BRUNSWICK HOSP. CTR., INC.

Civil Procedure, Health Law, Labor & Employment Law
Where issues in an action by a psychiatrist, for damages and for reinstatement of medical privileges, are within the traditional realm of judicial...

NEW ENGLAND INS. CO. v. HEALTHCARE UNDERWRITERS MUT. INS. CO.

Health Law, Injury & Tort Law, Insurance Law, Professional Malpractice
A jury verdict, finding that refusal to settle a medical malpractice action against plaintiff's and defendants' insured constituted "bad faith," is...