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Medical Malpractice Law
 
Melissa Saldana v. Matthew Thoams, Erie Insurance and Farm Bureau Town & Country Insurance Company of Missouri

Norman, OK - Melissa Saldana sued Matthew Thoams, Erie Insurance and Farm Bureau Town & Country Insurance Company of Missouri on auto negligence and insurance theories claiming:

1. On December 14, 2014 at about 2:05 p.m. Plaintiff was a passenger in a vehicle which was stopped, headed north, in her vehicle in a line of traffic on South Telephone Avenue at its intersection with Kings Manor... More...
   $0 (09-21-2015 - OK)

Shawn Wayne Whatley v. Warden, Ware State Prison

Shawn Wayne Whatley appeals the dismissal of his 42 U.S.C. § 1983 prison-conditions suit. His claims relate to a beating by prison staff, for which he was denied medical treatment. Although he submitted several prison grievances before suing, the District Court dismissed his suit for failure to exhaust the administrative remedies established by the prison. We reverse for two reasons: because the D... More...   $0 (09-21-2015 - IA)

State Of Idaho v. Charlynda Goggin

In September 2011, in response to a tip regarding suspicious activity, the Boise Police Department began investigating a warehouse in Boise leased by a man named Morgan Alley. The police conducted surveillance of the warehouse, observing who came and went, and seized trash discarded outside the warehouse on multiple occasions. Upon obtaining a warrant, Detective Joseph Andreoli searched the wareho... More...   $0 (09-21-2015 - ID)

American Tradition Inst. v. Rector and Visitors

In this appeal, we consider whether the Circuit Court of Prince William County ("trial court") erred by denying a request for disclosure of certain documents under the Virginia Freedom of Information Act ("VFOIA"), Code § 2.2-3700 et seq., and whether a public body may impose charges for the cost of reviewing documents under the statutory exclusion.

Dr. Michael Mann ("Professor Mann") i... More...
   $0 (09-20-2015 - VA)

American Tr. Ins. Co. v Longevity Med. Supply, Inc.

Contrary to the position taken by the dissent, the issue of whether plaintiff has failed to establish that the notices for the IMEs were timely, pursuant to 11 NYCRR 65-3.5(d), presents a question of law which this Court can review. Unlike the dissent, we find that plaintiff was required to submit proof of the timely notice in order to make a prima facie showing of entitlement to judgment as a mat... More...   $0 (09-20-2015 - NY)

John Hardwick,Jr. v. Secretary, Florida Department Of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his cap... More...
   $0 (09-20-2015 - FL)

Diamond v. Reshko

The accident that gave rise to this litigation occurred shortly before 7:00 p.m. on January 4, 2011, at the intersection of California and Cherry Streets in San Francisco. That segment of California Street consists of four driving lanes, two facing east and two west, with outside parking lanes on each side. The intersection at California and Cherry is controlled by traffic lights.
San Franc... More...
   $0 (09-19-2015 - CA)

State of Oklahoma v. Ronald Dean Ramos II

Lawton, OK - The State of Oklahoma charged Ronald Dean Ramos, II with:

Count # 1. Count as Filed: DI6A, DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL SECOND AND SUBSEQUENT, in violation of 47 O.S. 11-902(A)(2)
Date of Offense: 01/03/2014
Party Name Disposition Information
RAMOS, RONALD DEAN II Disposed: CONVICTION, 09/18/2015. Guilty Plea
Count as Dispo... More...
   $0 (09-18-2015 - OK)

Cornell White v. Vamsi Krishna Kolli

Tulsa, OK - Cornell White sued Vamsi Krishna Kolli on an auto negligence theory claiming:

1. That on or about July 26, 2008, in Tulsa County, Defendant negligently operated a motor vehicle in such a manner that she collided with a vehicle in which Plaintiff was situated.
2. That as a direct result to Defendant’s negligence, Plaintiff has suffered person injury, including medical expen... More...
   $1 (09-18-2015 - OK)

United States of America v. David and Sandra Perez

San Diego, CA - David and Sandra Perez pleaded guilty in federal court today to charges relating to the sale of “Energy Wave” medical devices via the Internet – devices they marketed as an effective treatment for cancer and AIDS, yet had not received necessary approval from the U.S. Food and Drug Administration.

According to their plea agreements, the couple marketed the Energy Wave devic... More...
   $0 (09-18-2015 - CA)

Weitzner v. Cynosure, Inc.

Plaintiffs are Ari Weitzner, an ophthalmologist based in Brooklyn, NY, and Ari Weitzner, 16
M.D., P.C., which is Ari Weitzner’s professional corporation (“Plaintiffs”). The complaint alleges 17
that Plaintiffs received four unsolicited faxes sent by Defendant Cynosure, Inc. (“Cynosure”), a 18
Massachusetts-based manufacturer and distributor of light-based products for medical and 19... More...
   $0 (09-18-2015 - NY)

In re September 11 Litigation

In  addition  to  reconstruction  costs,  WTCP  and  7WTCo.  also  seek 2  
consequential damages. The district court heard testimony about the proper way to allocate the 8  
insurance recoveries between the different types of insurance claims Plaintiffs 9  
submitted, and heard the opinions of two economists — Professor Steven Shavell 10  
for  the  Plaintiffs  and  Professor  D... More...
   $0 (09-18-2015 - NY)

John Gary Hardwick, Jr. v. Secretary, Florida Department of Corrections

In Hardwick v. Crosby (Hardwick III), 320 F.3d 1127 (11th Cir. 2003), we
determined that Petitioner Hardwick was due an evidentiary hearing to determine
whether his attorney provided ineffective assistance of counsel under the Sixth
Amendment standard set out in Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L. Ed. 2d 674 (1984), during the penalty phase of his capital... More...
   $0 (09-18-2015 - FL)

Ray, et al. v. Wal-Mart

This case arises out of two separate incidents involving WalMart employees and shoplifters.2 Each of the Employees was tasked with, among other things, investigating, documenting, and preventing the theft of merchandise by customers and employees from Wal-Mart stores. The Employees were fired for violating WalMart‘s Policy AP-09, which provides, If the Suspect is believed to possess a weapon, the... More...   $0 (09-18-2015 - UT)

American Tr. Ins. Co. v Clark

Plaintiff failed to establish prima facie that it was entitled to deny defendant Sky Acupuncture's claim because Sky's assignor, defendant Clark, did not appear for independent medical examinations (IMEs) (see Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 82 AD3d 559 [1st Dept 2011], lv denied 17 NY3d 705 [2011] [to meet its prima facie burden on summary judgment, insurer must esta... More...   $0 (09-18-2015 - NY)

Ellis v. Commissioner of the Department of Industrial Accidents

Reduced to essentials, in this latest appellate
foray, the plaintiff, James Ellis, contends that, in considering
whether to approve a lump sum agreement under § 48 of G. L.
c. 152, the Workers' Compensation Act (act), for injuries to a
worker, an administrative judge of the Department of Industrial
Accidents (department) or a law judge on the department's
reviewing b... More...
   $0 (09-18-2015 - MA)

Michelle McKibbin Kable v. Zachary W. Johnson and State Farm Mutual Insurance Company

Norman, OK - Michelle McKibbin Kable sued Zachary W. Johnson and State Farm Mutual Insurance Company on auto negligence and uninsured motorist theories claiming:

COUNT I
1. On or about September 27, 2010, Plaintiff was stopped at a traffic signal on eastbound Main Street at the intersection of Main and Hal Muldrow in the city of Norman, Cleveland County, Oklahoma, when Defendant John... More...
   $1 (09-17-2015 - OK)

Entrust, Inc. v. Rice District Community Hospital d/b/a Rice Medical Center

Entrust, Inc. appeals from a money judgment against it and in favor of Rice
District Community Hospital d/b/a Rice Medical Center following a jury trial on
Rice’s claim under the Deceptive Trade Practices-Consumer Protection Act
(DTPA). See Tex. Bus. & Com. Code §§ 17.41-.63 (Vernon 2011 & Supp. 2014).
We reverse the trial court’s judgment and render a take-nothing judgment in favo... More...
   $0 (09-17-2015 - TX)

Melendrez v. Ameron Internat. Corp

Melendrez worked for Ameron and its predecessors from approximately 1961 to 1985, performing various tasks in the manufacture of Ameron’s Bondstrand pipe. The pipe, which was designed to transport extremely corrosive materials, contained asbestos, and Melendrez was exposed to asbestos from the manufacturing process in the course of his employment with Ameron.
The plant where Melendrez work... More...
   $0 (09-17-2015 - CA)

Russell Block Associates v. Board of Assessors of Worcester

We summarize the board's findings.2 In 1992,
the taxpayer, Russell Block Associates, constructed a twenty
four story residential building (Tower) in the city of
Worcester. The Tower development project was conditioned on the
construction of a parking garage.3 The five-story garage in
issue contains 300 parking spaces and is located across a small
side street from t... More...
   $0 (09-17-2015 - MA)

Rodriguez v. Brand West Dairy

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa... More...
   $0 (09-17-2015 - NM)

Jennifer Bettenhausen v. Looks By Malissa, Inc. d/b/a BA Med Spa & Weight Loss Center

Tulsa, OK - Jennifer Bettenhausen sued Looks By Malissa, Inc. d/b/a BA Med Spa & Weight Loss Center on a negligence theory claiming:

This is a case of gross negligence and fraud by a self-described “Medical Spa and Weight Loss Center”) and one of its technician employees. The BA Med Spa actively advertises and solicit patients for a business venture known as “BA Med Spa and Weight Loss Ce... More...
   $1 (09-16-2015 - OK)

Angela A. Plumlee v. Helen Thompson and Karen Lenty

Tulsa, OK - Angela A. Plumlee sued Helen Thompson and Karen Lenty on auto negligence theories claiming:

1. That on or about April 5, 2011, the Plaintiff, Angela Plumlee, was involved in an automobile accident with the Defendant, Karen Lenty, in Tulsa County, Oklahoma.
2 That the Defendant, Karen Lenty, was negligent in driving her automobile, causing said accident.
3. That the Def... More...
   $1 (09-16-2015 - OK)

Teresa Hunt v. Premier Attractions Management, LLC operating as White Water Bay

Oklahoma City, OK - Teresa Hunt sued Premier Attractions Management, LLC operating as White Water Bay on a negligence theory claiming:

1. Teresa Hunt was a citizen and resident of Oklahoma County, Oklahoma at the time of
the incident hereinafter described.
2. White Water Bay is located and doing business in Oklahoma County, Oklahoma at the
time of the incident hereinafter desc... More...
   $0 (09-16-2015 - OK)

In the Interest of T.J.H., W.D.H., and L.B.H., children

C.H. appeals the trial court’s modification order in a suit affecting the parent child relationship to his children T.H., W.H., and L.H. He raises three issues on appeal. We reverse and remand.
BACKGROUND
On March 29, 2010, C.H. was named sole managing conservator of T.H., W.H., and L.H. Their mother, J.S., was appointed possessory conservator of the children. On July 27, 2011, the childre... More...
   $0 (09-16-2015 - TX)

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