Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...   $0 (11-20-2009 - AK)

The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...   $0 (11-05-2009 - VA)

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti... More...   $0 (11-04-2009 - ME)

Plaintiff-appellant Sharice Green (“plaintiff” or “Green”) brought this action on behalf of
herself and her child claiming that defendants-appellees violated the United States Constitution and
New York law when they successfully petitioned the Family Court of the State of New York
(“Family Court”) for an order temporarily removing plaintiff’s child from her custody. The D... More...   $0 (10-22-2009 - )

Appellee, Joshua Braunschweig, seeks further review of the court of appeals decision reversing the district court’s grant of his application to change the surname of the parties’ minor child. The court of appeals determined the matter was governed by the name change procedures under Iowa Code chapter 674 instead of the procedures for initial name determinations under Iowa Code chapter 598. We ... More...   $0 (10-18-2009 - IA)

Appellant-Plaintiff, Ronald Hillebrand (Hillebrand), appeals the trial court’s Order on Petition for Instruction and Request for Additional Attorney’s Fees and Additional Personal Representative Fees in favor of Appellee-Defendant, the Supervised Estate of Charlotte Fern Large (the Estate), which directs attorney fees to be deducted from the wrongful death settlement. We affirm.

ISSUEMore...   $0 (10-13-2009 - IN)

Elisha Hunter filed this action on her own behalf and as personal representative of the estate of her deceased brother, Stanley Bell, against numerous defendants whom she alleged were liable for Bell’s death in the St. Clair County, Illinois, jail. The district court granted summary judgment in favor of all of the defendants on all of Hunter’s claims; Hunter now appeals portions of that ruling... More...   $0 (10-01-2009 - IL)

Plaintiffs claimed that health care professionals on the staff of Cedars-Sinai Medical Center acted below the standard of care in diagnosing and treating Paris Campen, now 5, as an infant when presented for examination and treatment. Plaintiffs claimed that as a direct result of the negligence of the defendants to diagnose and treat the meningitis infection from which she was suffering result in ... More...   $7300000 (09-03-2009 - CA)

This is our first opportunity to confront the Emergency Medical Treatment and Active Labor Act (“EMTALA” or the “Act”). 42 U.S.C. § 1395dd, et seq. Among other things, the Act forbids hospitals from refusing to treat individuals with emergency conditions, a practice often referred to as “patient dumping.”

Appellants Christopher and Honey Torretti’s son, Christopher, was bor... More...   $0 (09-02-2009 - PA)

The lawsuit before us arises out of alleged radiation injuries to residents of Uravan, Colorado, a former uranium and vanadium milling town owned and operated by Defendants Union Carbide Corporation and Umetco Minerals Corporation. Plaintiffs brought an action in the United States District Court for the District of Colorado under the Price-Anderson Act of 1957, Pub. L. No. 86-256, 71 Stat. 576 (co... More...   $0 (08-24-2009 - CO)

In these consolidated appeals, St. Vincent’s Medical Center, Inc., William H. Long, M.D., and North Florida Obstetrics and Gynecology, P.A., challenge a final order of the Division of Administrative Hearings (DOAH) in which the administrative law judge (ALJ) held that the child of Robert and Tammy Bennett, appellees, did not qualify for coverage by the Florida Birth-Related Neurological Injury C... More...   $0 (08-21-2009 - FL)

Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard of care for the infant’s situation. At the time, the child had been taken to St. Luke’s hospital in ... More...   $0 (08-10-2009 - ID)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-30-2009 - NJ)

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider’s treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breac... More...   $0 (07-24-2009 - MD)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...   $0 (07-24-2009 - NJ)

Lanay Brown (“Petitioner” or “Lanay”),1 was born on 17 December 1990. Since her birth, her maternal aunt, Catherlina Queen, raised her. At some time early in Lanay’s life, she and her aunt moved into a property on Reisterstown Road in Baltimore City (“the Subject Property”),2 where they resided until 1994. While Lanay and Ms. Queen lived there, the Subject Property was owned by the D... More...   $0 (07-22-2009 - MD)

Defendant, W. A. Foote Memorial Hospital (“Hospital”) appeals as of right a judgment in favor of plaintiff, James Ykimoff, following the trial court’s denial of its motion for new trial or for judgment notwithstanding the verdict (“JNOV”) in this medical malpractice action. Plaintiff cross appeals the trial court’s order granting partial summary disposition resulting in the dismissal o... More...   $0 (07-16-2009 - MI)

In this case, we consider whether Virginia’s "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced... More...   $0 (07-03-2009 - VA)

¶1 On December 29, 2008, this case was assigned to this office. This is a negligent maintenance and construction action initiated by a tenant against her landlord and a contractor after the tenant fell from her second story balcony due to a defectively installed balcony railing. The district court granted the landlord's and contractor's motions for summary judgment based on the traditional common... More...   $0 (06-30-2009 - OK)

This appeal arises from the trial court‟s denial of a physician‟s petition to compel arbitration of the wrongful death action brought by the adult children heirs of his patient, Rafael Ruiz (Rafael).1 Alejandra Ruiz (Wife) and the four adult children, Alejandro, Ana, Diana, and Samuel (collectively referred to as the Adult Children) filed an action against Anatol Podolsky, an orthopedic surgeo... More...   $0 (06-24-2009 - CA)

We are asked to review questions regarding the sufficiency of detail required in a notice of claim submitted to a public entity, pursuant to the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 12-3. Plaintiff Dinesha Lebron, formerly known as Dinesha Mobley, appeals from summary judgment and dismissal of her complaint with prejudice against defendants Camden City Board of Educatio... More...   $0 (05-21-2009 - NJ)

In this case, we address the boundaries of Frye-Reed1 with respect to a hypothesis proffered, on behalf of Pamela and Ernest Blackwell, Petitioner, by their expert, Dr. Mark Geier, involving whether the presence of the preservative “thimerosal”2 in childhood vaccines, causes neurological defects, such as autism,3 as well as his and four other individuals’ qualifications to be experts under M... More...   $0 (05-07-2009 - MD)

This appeal turns on a nuanced question that lurks at the intersection of federal and state law: Does an amended complaint that changes the identity of a named defendant after the expiration of the applicable limitations period relate back to the date of the commencement of the action? The district court, after first concluding that the Puerto Rico relation-back rule controlled the analysis, answ... More...   $0 (05-06-2009 - PR)

Plaintiffs, Amy and Jeff Clark, appeal the dismissal of their 16-count third-amended complaint alleging negligence against defendants, Children's Memorial Hospital and Doctor Barbara K. Burton, in connection with their son's birth with Angelman Syndrome The primary issue on appeal is whether plaintiffs may recover in a so-called "wrongful birth" action for their damages for the extraordinary costs... More...   $0 (04-27-2009 - IL)

Plaintiff Trent Marion brought this action under 42 U.S.C. § 1983 against the City of Louisville, the City of Corydon, the City of New Albany, the County of Harrison, and several officers from those jurisdictions and from the Indiana State Police. He alleged that the law enforcement officers and government entities violated his Fourth Amendment rights by using excessive force against him in conne... More...   $0 (03-23-2009 - IN)