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Health Care Law
 
Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...
   $0 (10-09-2013 - OR)

Teresa Monaghan v. Laureate Psychiatric Clinic and Hospital, Inc.

Teresa Monaghan and the Estate of Pamela Taylor, Deceased, sued Laureate Psychiatric Clinic and Hospital, Inc. on medical negligence theories claiming:

1. Plaintiff’ eresa Monaghan is the natural born surviving daughter of Pamela Taylor and resides in Grpevine, Tarrant County, Texas.

2. Defendan Laureate Psychiatric Clinic and Hospital, Inc. is an Oklahoma not for profit corporati... More...
   $1 (10-09-2013 - )

Melissa Hand v. William Perkins, M.D.

Melissa Hand v. William Perkins, M.D., Orthopedic Associates Ambulatory Surgery Center, Inc. d/b/a Orthopedic Associates Ambulatory Surgery Center on medical negligence (medical malpractice) theories claiming:

I. PARTIES AND VENUE

1. Plaintiff, Melissa Hand, is currently and was, at the time of the events complained of herein, a citizen of the State of Oklahoma, County of Kay.More...
   $1 (10-06-2013 - OK)

Brandon Andrew v. Elisa Depani-Sparkes, D.O.

Brandon Andrew and Danielle Edwards, individually and as parents and next friends of Briana Andrew sued Elisa Depani-Sparkes, D.O.; The Physician Group, P.L.L.C. a/k/a Occo Healthcare Network; Mercy Health Center, Inc. d/b/a Mercy Health Center; Integris Health, Inc.; and Integris Ambulatory Care Corporation a/b/a Integris Family Care Edmond on medical negligence (medical malpractice) theories cla... More...   $0 (10-02-2013 - OK)

Guadalupe Batencourt v. Woodland Park Hospitality, Inc.

Guadalupe Batencourt sued Woodland Park Hospitality, Inc. on an Americans With Disabilities Act (ADA), 42 U.S.C. 121001, violation theory claiming to have been discriminated against by Defendant.

The court docket sheet for this case contained the following entries:

02/22/2013 1 COMPLAINT against Woodland Park Hospitality, Inc. (paid $350 filing fee; receipt number 1085-1119294) ... More...
   $1 (10-01-2013 - OK)

Irene Tillman v. Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital

Appellant Irene Tillman sued her employer, appellee Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, for injuries she allegedly received while attempting to x-ray a patient. The trial court dismissed the case on the hospital’s motion because Tillman did not serve the hospital with an expert report as required under the Texas Medical Liability Act (TMLA). See generally ... More...   $0 (10-01-2013 - TX)

Edward C. Bridgeman v. Donna J. Allen

A trustee must provide notice when all or part of a revocable trust becomes irrevocable because of the death of a settlor (Prob. Code, § 16061.7, subd. (a)) and any action contesting the trust cannot be filed "more than 120 days from the date the notification by the trustee is served upon him or her." (Prob. Code, § 16061.8, undesignated statutory references are to this code.)

In this cas... More...
   $0 (09-27-2013 - CA)

Equal Employment Opportunity Commission v. BOH Brothers Construction Company, L.L.C.

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothers”). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOC”) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, to almost-daily verbal... More...   $0 (09-27-2013 - TX)

Charles M. Smith v. Dana Lynn Balkman

Charles M. Smith sued Dana Lynn Balkman on an auto negligence theory claiming:

1. That the Plaintiffs are residents of Tulsa County, State of Oklahoma; and, that Defendant, DANA LYNN BALKMAN, is a resident of Tulsa County, State of Oklahoma. That the complaint alleged herein occurred in Tulsa County, State of Oklahoma, and that this Court hasjurisdiction over the parties and the subject m... More...
   $1 (09-25-2013 - OK)

Allstate Interiors & Exteriors, Inc. v. Stonestreet Construction, LLC

After a ten-day bench trial, the district court awarded a judgment against Weybosset Hotel, LLC ("Weybosset") and in favor of its construction company, Stonestreet Construction, LLC ("Stonestreet"), in the sum of $571,595. Stonestreet and Weybosset are both Rhode Island companies. Weybosset appeals, arguing that there was no federal jurisdiction, and the $571,595 was awarded in error.

... More...
   $0 (09-20-2013 - RI)

Jacquelyn Allen v. Dish Network, LLC

PARTIES, JURISDICTION AND VENUE

1. Plaintiff Jacquelyn Allen is a resident of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant Dish Network, LLC is a foreign limited liability company doing business in Tulsa County, Oklahoma.

3. The Plaintiff was an employee of Defendants as defined by state and federal law.

4. The events giving rise to this action occurred ... More...
   $0 (09-20-2013 - OK)

Sharon Bowler Bennett v. Subway Sandwiches & Salads, Inc.

Sharon Bowler Bennett sued Subway Sandwiches & Salads, Inc. and Rottinghaus Company, Inc. on negligence theories claiming:

1. On or about November 15, 2010, and while Plaintiff was a business invitee and lawfully at Defendants’ property located in, Norman, Cleveland County, Oklahoma, a floor on Defendant’s premises was deceptively slick and hazardous, causing to Plaintiff to fall.
More...
   $10000 (09-19-2013 - OK)

Kayla Renee Lewis v. Maegan Henning

Kayla Renee Lewis and Mary Allen sued Maegan Henning Jonathan Faith and Homer C. Bursell on auto negligence theories claiming:


1. Plaintiffs, Mary Allen and Kayla Lewis are residents of Oklahoma City, Cleveland County, State of Oklahoma;

2. All events alleged herein occurred in Norman, Cleveland County, State of Oklahoma.

3. Jurisdiction and venue are proper in this... More...
   $1 (09-14-2013 - OK)

Mary Lynne Bauder v. Hali Vasquez

Mary Lynne Bauder and James E. Bauder sued Hali Vasquez on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Vasquez.

The claims made are not available for this case.

Defendant appeared and answered as follows:

1.

Defendant generally and specifically denies each and every material allegation... More...
   $1 (09-13-2013 - OK)

Kimbley Harold v. Matthew M. Carrick; Carolyn M. Berg, Doan Nguyen, David Chafey

In this appeal, we consider whether section 101.106(f) of the Texas Tort Claims Act1 violates the “open courts” provision of the Texas Constitution.2 We

_________________________

1 That section provides:

2

also consider whether the Texas Supreme Court’s opinion in Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) violates the “takings”3 and “due process”4 pr... More...
   $0 (09-13-2013 - TX)

N.E. Physical Therapy Plus, Inc. v. Liberty Mutual Insurance Company

After being billed by the plaintiff, N.E. Physical Therapy Plus, Inc. (NEPT), for certain medically necessary chiropractic services provided to the passenger of its insured, the defendant, Liberty Mutual Insurance Company (Liberty Mutual), maintained that the cost of those services was unreasonably high and thus refused to pay the full amount invoiced. [FN1] At the ensuing trial on the dispute, Li... More...   $0 (09-13-2013 - MA)

Jennifer Sherment v. Monique Stokes

Jennifer Sherment sued Monique Stokes on an auto negligence theory claiming to have been injured and/or damaged in a car wreck that occurred in Tulsa County, Oklahoma caused by the defendant.

This case arises out of motor vehicle accident that occurred on or about January 29, 2006. On said date, Defendant Monique Stokes was traveling northbound on 1st Street through Main Street in Jenks, O... More...
   $1 (09-08-2013 - OK)

Daniel Maddox v. Jennifer Hardridge

Daniel Maddox sued Jennifer Hardridge on a negligence theory.

The pre-trial order provided, in part:

Plaintiff: On February 23, 2008, Jennifer Hardridge, was traveling South bound on N. Cincinnati Ave., near the intersection of East Apache Street, when she ran a red light and collided with Mr. Maddox’s vehicle.

As a result of the Defendant’s negligence, Mr. Maddox has suff... More...
   $1 (09-07-2013 - OK)

Heather Hall v. Rocky Mountain Emergency Physicians, LLC

This appeal arises from a medical malpractice claim brought against a physician’s assistant, two supervising physicians, and Rocky Mountain Emergency Physicians, L.L.C. (collectively Rocky Mountain). Heather Hall presented at the emergency room complaining of headache, blurry vision, and sensitivity to light. Jeff Johnson, a physician’s assistant, examined Hall. As part of his examination, he ... More...   $0 (09-06-2013 - ID)

Delbert Ingram v. Hashib D. Faruque, M.D.

Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons... More...   $0 (09-06-2013 - OK)

United States of America v. Yolanda Nowlin

Yolanda Nowlin, 42, has been convicted of conspiracy to commit health care fraud, four counts of health care fraud, conspiracy to commit kickback fraud and aiding and abetting Social Security fraud, United States Attorney Kenneth Magidson announced today. The verdicts were returned late yesterday afternoon following seven days of trial and less than three hours of deliberations.

Nowlin, of... More...
   $0 (09-05-2013 - TX)

Bret Burton v. Eva Chistine Causey

Bret Burton sued Eva Chistine Causey on an auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by Causey.

Causey appeared and answered as follows:

1. Defendant generally and specifically denies each and every material allegation contained in the Petition filed on behalf of the Plaintiff except for those which may be specifically admitted here... More...
   $1 (08-30-2013 - OK)

Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

2

Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...
   $0 (08-29-2013 - TX)

Michael Quinn III v. Magna Health Care, Inc.

Michael Quinn III, Michael Quinn, Jr. and Kimberly G. Quinn sued Magna Health Care, Inc., Magna Home Health Center, Inc. and Leonard Agbasi on negligence and breach of contract theories claiming:

1. The Plaintiffs Michael Guinn III, Michael Guinn II, and Kimberly Guinn are currently citizens and residents of Tulsa County, State of Oklahoma.

2. The Plaintiff Michael Guinn III. is ... More...
   $1 (08-28-2013 - OK)

Eileen M. Gray v. Kent Steven Bistline

Eileen M. Gray and Thomas Gray sued Kent Steven Bistline on an auto negligence theory claiming:

1. That on or about the 16th day of April, 2009, on a public roadway called West Houston Street and South Olive Avenue in Broken Arrow, Tulsa County, Oklahoma, Defendant, Kent Steven Bisline, negligently failed to yield to oncoming traffic.

2. That Defendant’s negligence caused him t... More...
   $1 (08-28-2013 - OK)

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