all - Opinion Summaries

PARK MED. PHARMACY v. SAN DIEGO ORTHOPEDIC ASSOC. MED. GROUP, INC.

Health Law, Professional Malpractice
Business & Professions Code section 4170(a)(3) does not bar a physician from dispensing or selling drugs on a for-profit basis to his or her...

HOTZ v. BLUE CROSS & BLUE SHIELD OF MASSACHUSETTS, INC.

ERISA, Health Law, Insurance Law
Because a claim against an insurer for unfair claim settlement practices involves a "benefit" under ERISA, removal jurisdiction was proper; claim is...

PLUMMER v. NEW YORK CITY HEALTH & HOSP. CORP.

Health Law, Injury & Tort Law, Professional Malpractice
Where an infant's treatment was not a truly continuous course of treatment established with respect to the condition that gives rise to the lawsuit,...

PALESTINI v. GEN. DYNAMICS CORP.

Health Law, Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Dismissal of a complaint, seeking damages for exposure to carcinogenic chemicals, was improper where sufficient facts stated a cause of action for...

PEDIATRIC SPECIALTY CARE, INC. v. ARKANSAS DEP'T OF HUMAN SERV.

Civil Rights, Government Benefits, Health Law
The Medicaid Act (Act) creates a federal right to early and periodic screening, diagnostic, and treatment services which is enforceable in a 42 U.S.C....

NATIONAL MULTI HOUSING COUNCIL v. U.S. ENVIRONMENTAL PROTECTION AGENCY

Administrative Law, Environmental Law, Health Law
The EPA's decision to include a "regardless of source" interpretation in it's final Lead Rule under Section 403 of the Toxic Substances Control Act,...

HOWARD v. COVENTRY HEALTH CARE

ERISA, Health Law
The Women's Health and Cancer Rights Act does not create a private right of action which would permit a plaintiff to maintain an action for tortious...

MILLER v. GAMMIE

Civil Rights, Constitutional Law, Family Law, Health Law, Juvenile Law
State child services workers, involved in ongoing state court dependency proceedings, enjoy absolute immunity for the placement of a child in a foster...

IN RE: ABBOTT LAB. DERIVATIVE S'HOLDERS LITIG.

Corporation & Enterprise Law, Health Law
In shareholder derivative action arising from corporation's consent decree with the FDA, allegations of egregious board conduct were sufficient to...

SZALLER v. THE AM. NAT'L RED CROSS

Health Law, Labor & Employment Law
A Red Cross employee's claim for wrongful discharge, after reporting alleged blood handling and staff training deficiencies to a Red Cross hotline,...