Appellant Agneta Dobos (“Dobos”) appeals from the trial court’s judgment denying her petition for writ of administrative mandate brought against Respondents Voluntary Plan Administrators, Inc., Long Term Disability and Survivor Benefit Plan, and Chief Administrative Office, County of Los Angeles (collectively, “Respondents”).

In her petition, Dobos challenged an administrative dec... More...   $0 (09-05-2008 - CA)

Appellant Christopher McMillian, through his guardian ad litem, Marguerite McMillian, challenges the probate court’s order directing him to pay a lien issued by respondent State Department of Health Care Services (Department or respondent) under the Medi-Cal California Medical Assistance Program (Medi- Cal) (Welf. & Inst. Code, § 14000 et seq.)1 We affirm.

RELEVANT FACTUAL AND PROCEDURAL... More...   $0 (09-05-2008 - CA)

Plaintiff Antony Padilla appeals summary judgment in favor of respondents Pomona College and Gordon & Williams General Contractor, Inc. in his action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College. Plaintiff argues that the trial court erred in finding (1) defendants had delegated the task of making the worksi... More...   $0 (09-03-2008 - CA)

The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a “privilege to a private corporation” set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the “St. Lucie County Ho... More...   $0 (09-03-2008 - FL)

This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and assert... More...   $0 (09-02-2008 - AL)

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information... More...   $0 (09-02-2008 - NM)

¶1 Petitioners, City of Duncan and City of Duncan Fire Department (collectively Employer), seek our review of a Workers' Compensation Court (WCC) order which found Petitioners' delay in payment of the medical bill submitted by Respondent, Tulsa Spine Hospital (Hospital), to be unreasonable and justified waiving the limits of the WCC's Schedule of Medical and Hospital Fees (the Schedule). Finding ... More...   $0 (08-31-2008 - OK)

Following a special verdict by the jury, the trial court entered judgment in favor of plaintiff and respondent Antonio Barba for $117,053.42 against defendant and appellant Lupe Perez. Following judgment, Perez moved to tax certain costs Barba had claimed under Code of Civil Procedure section 998.1 Perez’s motion was denied in part and granted in part. Perez appeals from the judgment and the ord... More...   $117053 (08-29-2008 - CA)

Roger Craft filed an application in August 2001 for Disability Insurance Benefits (“DIB”) and an application in September 2001 for Supplemental Security Income (“SSI”), alleging a disability due to diabetes mellitus and affective/mood disorders. Both claims were denied initially and upon reconsideration.

Craft timely requested a hearing before an Administrative Law Judge (“ALJ”)... More...   $0 (08-27-2008 - IL)

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after... More...   $0 (08-25-2008 - MN)

The plaintiffs, Shane Paul, Steven Bussone, Dale Stewart, Kenneth Hinzman, and William Meck,1 are individual truck drivers. They brought suit contending the defendant, USIS Commercial Services, Inc., violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x, in its procurement and dissemination of their employment histories. They claimed that USIS failed to comply with FCRA’s noti... More...   $0 (08-22-2008 - CO)

This case illustrates the perils of waiting to the end of the statute of limitations to file a case. More than 10 years ago, Susan Rivas was a patient of Dr. Allan Muraki, M.D. Dr. Muraki encountered complications while performing a renal angioplasty on Rivas, and one of Rivas's kidneys was lost. After surgery, Rivas spent four days in the intensive care unit (ICU). Three years and two days af... More...   $0 (08-22-2008 - WA)

Nurses Mattie Cohen and Kathy Bacon sued Jewish Hospital & St. Mary's Health Care on discrimination theories claiming that they were discriminated against by Defendant because of their race at work. Cohen claimed that race was "a substantial motivating factor" in decisions not to promote her beyond an assistant nurse manager supervisor. Both Bacon and Cohen claimed that they were treated different... More...   $1000000 (08-22-2008 - KY)

Kathy Van Vickle appeals the judgment of the district court1 upholding the final decision of the Commissioner of Social Security to deny her application for disability insurance benefits. We affirm.

I.

On October 23, 2003, Van Vickle filed an application for disability insurance benefits under Title II of the Social Security Act. Van Vickle claimed that she could not work because she... More...   $0 (08-21-2008 - MN)

A doctor loses his hospital privileges because he did not comply with a hospital rule. Because the rule was applied retroactively, it was impossible for the doctor to comply. We conclude the doctor was denied a vested right. Defendant Los Robles Regional Medical Center (Hospital) appeals a judgment that granted a writ of mandate and overturned the Hospital's administrative decision. The Hospital's... More...   $0 (08-19-2008 - CA)

RN Solution, Inc. (RNS) entered into a contract to recruit South Korean nurses for Catholic Healthcare West (CHW), which operates a chain of medical facilities. The contract contains a broad arbitration clause. Under disputed circumstances, RNS’s chief executive officer (CEO), Tanya Woo, became involved in an intimate relationship with a CHW vice-president who oversaw the recruiting contract, St... More...   $0 (08-15-2008 - CA)

This case presents the question whether expert testimony may be offered in medical malpractice cases to support a claim brought under the theory of res ipsa loquitur. The trial court ruled that under this Court's opinion in Hasemeier v. Smith, 361 S.W.2d 697 (Mo. banc 1962), an expert witness is not permitted to testify in a res ipsa loquitur case. This means, it concluded, that since medical tes... More...   $0 (08-15-2008 - )

A Los Angeles County jury has awarded an Iranian-American engineer $14.876 million for asbestos exposure that caused his malignant mesothelioma — a terminal illness that often claims its victims within 12 to 18 months of diagnosis.

The plaintiff, Amanollah Shahabi, spent nearly four decades working at oil refineries, including more than 30 years at oil complexes in Iran. Trained as an e... More...   $14876000 (08-14-2008 - CA)

John J. Sturzenegger sued Father Flanagan’s Boys’ Home (Boys Town) and a former Boys Town teacher based on an alleged instance of sexual abuse that occurred while Sturzenegger was a resident of Boys Town. After a rather contentious trial, a jury rejected Sturzenegger’s claims and the district court entered judgment against him. Sturzenegger appeals, claiming that the court erred in several r... More...   $0 (08-14-2008 - NE)

Plaintiff, a disabled physician, appeals a judgment in favor of his insurer, defendant Provident Life & Accident Insurance Company (Provident). Provident issued plaintiff an overhead expense disability insurance policy. Plaintiff contends that the trial court erred in interpreting that policy to preclude coverage when plaintiff was not engaged in the practice of medicine. We disagree with the tria... More...   $0 (08-13-2008 - OR)

Plaintiff, personal representative of the estate of Philip R. Ballard (Ballard),(1) appeals a judgment for defendants City of Albany (city), Linn County (county), and the State of Oregon and the Oregon State Police (OSP) on plaintiff's negligence and battery claims. Plaintiff sought damages for personal injuries suffered during a traffic stop when police officers used a police dog to remove him fr... More...   $0 (08-13-2008 - OR)

Appellant Dorothy L. Clark appeals the district court’s1 refusal to grant a declaratory judgment and set aside a United States Department of Agriculture (USDA) determination that she converted wetlands in violation of the Swampbuster provisions of the Food Security Act of 1985, codified as amended at 16 U.S.C. §§ 3801, 3821-24 (2000). Because the USDA determined she had converted wetlands, Cla... More...   $0 (08-13-2008 - IA)

Plaintiffs claim that defendant doctors committed medical negligence leading to the disability of David Mount. After a trial, the jury found for defendants. The trial court rejected plaintiffs’ six claims, made in their posttrial motion and reiterated on this appeal, arguing for reversal. For the reasons stated below, we affirm.

BACKGROUND

The parties to this action are as follows.... More...   $0 (08-12-2008 - IL)

Plaintiff, Benjamin Hernandez, the independent administrator of the estate of Alma Hernandez, filed a complaint against the defendants, Alexian Brothers Health System,1 Naphtali Kogan, M.D., and Cardiovascular Associated, S.C., and alleged, inter alia, that the defendants’ negligent acts were the proximate cause of Alma Hernandez’s death on June 6, 2002. Dr. Kogan and his employer, Cardiovascu... More...   $0 (08-12-2008 - IL)

Plaintiff, Susan B. Kern, M.D., brought an action on October 27, 2005, seeking an injunction against the action of defendant, Richard Regan, M.D. (Regan), and Arlington Ridge Pathology, S.C. (Arlington). The Arlington board of directors with Regan as president of the board amended Arlington’s articles of incorporation (articles) on October 21, 2005, to be effective on October 26, 2005. The amend... More...   $0 (08-12-2008 - IL)