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D'AMBROSIO v. NY DEPT. OF HEALTH

Court of Appeals of New York
Constitutional Law, Health Law, Professional Malpractice
The finding of professional misconduct, based on plaintiff's voluntary surrender of his medical license in another state, does not violate his due...
02/10/2005 5

EL RIO SANTA CRUZ v. US DEPT. OF HHS

United States DC Circuit
Administrative Law, Health Law, Professional Malpractice
Defendant-HHS's denial of medical malpractice coverage to plaintiff-medical center was arbitrary and capricious since it failed to address evidence of...
02/08/2005 04-5089

REIGELSPERGER v. SILLER

California Court of Appeal
Contracts, Dispute Resolution & Arbitration, Health Law, Professional Malpractice
An arbitration agreement was part of an implied-in-fact agreement establishing a doctor-patient relationship for the patient's first treatment, and it...
01/13/2005 C045534

WINNICZEK v. NAGALBERG

United States Seventh Circuit
Criminal Law & Procedure, Ethics & Professional Responsibility, Professional Malpractice
Recovery of an overcharge from an attorney in a criminal proceeding is not barred by the actual-innocence rule.
01/07/2005 04-2106

ROJAS-ITHIER v. SOCIEDAD ESPANOLA

United States First Circuit
Civil Procedure, Evidence, Health Law, Injury & Tort Law, Professional Malpractice
In a third-party complaint alleging medical malpractice, plaintiff-hospital failed to produce appropriate expert evidence and failed to adduce support...
01/06/2005 03-2385

SEC v. LOVING SPIRIT FOUND.

United States DC Circuit
Ethics & Disciplinary Code, Ethics & Professional Responsibility, Professional Malpractice, Sanctions, Securities Law
In a receivership proceeding, denial of a motion to recuse the district judge is affirmed, and defendant's attorneys must show cause why sanctions...
12/17/2004 03-5234

MORGAN v. SAN JOAQUIN CMTY. HOSP.

California Court of Appeal
Civil Procedure, Health Law, Injury & Tort Law, Professional Malpractice
The combining of a notice of appeal with a motion for reconsideration does not invalidate the document as a notice of appeal.
12/13/2004 F045075

TOGUCHI v. CHUNG

United States Ninth Circuit
Criminal Law & Procedure, Health Law, Injury & Tort Law, Professional Malpractice
In a wrongful death action, plaintiff's section 1983 action is dismissed where the victim's death was not the result of defendant-doctor's deliberate...
12/10/2004 03-15378

HARDISTY v. HINTON & ALFERT

California Court of Appeal
Ethics & Disciplinary Code, Ethics & Professional Responsibility, Injury & Tort Law, Professional Malpractice
In the posttrial settlement of a personal injury action, a motion to vacate a finding that defendants misled a judge by making a false statement of...
12/08/2004 a107318

OSORNIO v. WEINGARTEN

California Court of Appeal
Ethics & Disciplinary Code, Ethics & Professional Responsibility, Professional Malpractice, Property Law & Real Estate
A beneficiary to a will has a cause of action against an attorney who negligently failed to advise the testator that the intended beneficiary would be...
11/22/2004 H027258

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