Laura and Lawrence Heimlicher sued Lakes Regional Healthcare on a medical negligence theory (medical malpractice) claiming seeking damages for the wrongful death of their infant child Cole in 2004. Plaintiffs claimed that the hospital failed to perform an immediate Cesarean section delivery in February 2004, which would have spared the life of the baby. Lakes Regional transferred the mother to a ... More...   $1700000 (03-20-2009 - IA)

[¶1] Brenda Bangs, who claims that attorney Robert E. Schroth, Sr., undertook and then mishandled her legal representation by failing to timely commence medical malpractice litigation against two doctors, appeals the district court’s grant of summary judgment to Mr. Schroth in her legal malpractice action against him. Because Mr. Schroth has not established a prima facie case entitling him to ... More...   $0 (02-19-2009 - WY)

By leave granted, plaintiff Daniel J. Schneider appeals from a trial court order dated March 12, 2008, reducing a $200,000 verdict in plaintiff's favor to $125,000, and a second order, dated April 11, 2008, denying plaintiff's motion for reconsideration. Because we conclude that the trial court's stated reasons for granting the remittitur do not satisfy the applicable standards, as recentl... More...   $0 (01-23-2009 - NJ)

In this wrongful death action, the sole issue is whether a plaintiff’s proffered medical expert witness satisfied the criteria of Code § 8.01-581.20 to testify on the standard of care in the defendant’s specialty. Because we find that the record clearly demonstrates the witness met the statutory “knowledgeâ€� requirement and “active clinical practiceâ€� requirement, see Wright v. Kaye, 26... More...   $0 (01-16-2009 - VA)

In this appeal involving a medical malpractice action, the principal issue we consider is whether the circuit court erred in failing to require the administrators of a decedent’s estate to elect between their alternative claims for wrongful death, Code § 8.01-50, and a survival action for personal injuries to the decedent, Code § 8.01-25, which the administrators alleged arose from the same ac... More...   $325000 (01-16-2009 - VA)

Kimberly Sisk, individually and as Guardian ad litem of Slade Axel Sisk (plaintiff) appeals from an order entered 4 December 2007 disqualifying plaintiff's counsel, Nicholas F. Stein and Stephen H. Meyer. We reverse. On 15 February 2007, Ms. Sisk filed a complaint against Abbott Industries (Abbott) alleging product liability claims on behalf of Slade, her son, who ingested powdered infant form... More...   $0 (01-11-2009 - NC)

This is an appeal from the trial court's denial of appellant's motion to dismiss appellees' health care claim on the grounds that (1) the expert report was not authored by a qualified expert and (2) the report does not set out the causal connection between the alleged breach and the alleged injury. We conclude the trial court did not abuse its discretion in denying the motion to dismiss and we af... More...   $0 (01-07-2009 - TX)

Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings. Perez’s motion alleged that the homeowner’s insurance policy did not exclude coverage for a negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured her on May 15, 2005.... More...   $0 (12-23-2008 - IL)

Defendant Dalia Perez (Perez) appeals from an order of the circuit court of Cook County issued August 16, 2007, dismissing with prejudice her motion for judgment on the pleadings. Perez’s motion alleged that the homeowner’s insurance policy did not exclude coverage for a negligence claim (count II) of her lawsuit against the driver involved in the car accident that injured her on May 15, 2005.... More...   $0 (12-23-2008 - IL)

Plaintiff Elizabeth Conte developed a serious and irreversible neurological condition. She alleges her condition is due to her long-term consumption of a generic prescription drug, and that the warnings provided by the manufacturers of the drug failed to adequately warn of known dangers resulting from its long-term use. The trial court granted summary judgment in favor of all the manufacturers. Ju... More...   $0 (11-08-2008 - CA)

In this interlocutory appeal, appellants, Haroon Ismail Patel, M.D., Paul E. Stobie, M.D., and SheilaYvonne Owens-Collins, M.D., appeal the denial of their motion to dismiss a medical negligence lawsuit filed by appellee, Trena Rodriguez, individually and as representative for the estate of Corina Renee Gutierrez, deceased. (1) By various issues and sub-issues, appellants contend the trial court ... More...   $0 (10-31-2008 - TX)

In this diversity action, John C. Woolard (Plaintiff) sued his uncle Robert C. Woolard (Defendant) for mismanaging a trust established by Plaintiff’s father for which Defendant was the trustee. The district court granted Plaintiff’s motion for summary judgment, holding that Defendant breached the express terms of the trust and also violated his statutory and fiduciary duties under Illinois. We... More...   $0 (10-29-2008 - IL)

Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows.

Batterman, a sole... More...   $0 (10-15-2008 - MA)

This diversity suit governed by Wisconsin law presents an issue of federal diversity jurisdiction.

The original complaint named as plaintiff Georgia Gustafson, suing as the personal representative of the estate of her grandfather, George Skille, who had appointed her in his will, which left most of his estate to his eight grandchildren by his first wife. The suit named as defendants Skill... More...   $0 (10-01-2008 - )

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

Appellants Joshua Dachs, individually, and Joy Dachs, as special personal representative of the estate of Elizabeth Dachs, deceased, appeal the Greene County Circuit Court’s order granting summary judgment in favor of appellees Dr. Barry Hendrix; Family Practice Clinic; Hendrix Medical Services, PLLC; and Paragould Physicians Management, LLC (collectively, the physician defendants); Rebecca Fish... More...   $0 (09-24-2008 - AR)

Appellants, Texas Tech University Health Sciences Center (TTUHSC) and University Medical Center (UMC) appeal from the trial court’s order denying their respective pleas to the jurisdiction in a medical malpractice suit brought by Appellees, Carita and Dustin Ward, arising from the death of their stillborn child. We reverse and render.

TTUHSC and UMC contend the Texas Tort Claims... More...   $0 (08-07-2008 - TX)

Plaintiff Melissa Avery appeals the district court’s order granting summary judgment to Defendant Joint Township District Memorial Hospital on Avery’s claims of wrongful discharge in violation of public policy, intentional infliction of emotional distress, and fraud. For the reasons set forth below, we AFFIRM the decision of the district court.

BACKGROUND

A. Substantive Facts
... More...   $0 (07-16-2008 - OH)

Although Plaintiffs alleged a variety of constitutional violations in the district court, they press on appeal only their claim that a warrantless entry into their residence on February 25, 2004, was unlaw... More...   $0 (06-28-2008 - CA)

The Governor and Attorney General of South Dakota ("the State"), along with the intervenor crisis pregnancy centers, appeal the district court's preliminary injunction preventing the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective. For the reasons discussed below, we vacate the preliminary injunction and remand to the district court for fu... More...   $0 (06-28-2008 - SD)

Brittany and Brandon Shinn sued Oklahoma Children's Hospital on a medical negligence theory claiming that their son Nathan suffered severe head injuries when a nurse failed to use due care in changing his crib sheets and, as a direct result, Nathan feel and hit his head against a night stand fracturing his skull. Nathan's father demanded a doctor the day after the injuries occurred when he noticed... More...   $18000000 (05-10-2008 - OK)

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-07-2008 - MI)

Harvey and Diana Kloesel, individually and d/b/a Kloesels' Steakhouse, Inc. ("the Kloesels"), sued appellant, Insurance Network of Texas ("INT"), for breach of contract, negligence, and violations of the Texas Insurance Code and the Texas Deceptive Trade Practices Act ("DTPA"). A jury found that INT acted negligently and violated the DTPA, causing the Kloesels' damages. INT subsequently appealed t... More...   $0 (04-04-2008 - TX)

We granted leave to appeal in these two cases to determine whether the motor-vehicle exception to governmental immunity, MCL 691.1405, authorizes a claim for loss of consortium against a governmental agency. The motor-vehicle exception permits recovery of damages only for "bodily injury" and "property damage." A loss of consortium is not a physical injury to the body. Moreover, a claim for lo... More...   $0 (04-03-2008 - MI)

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question under the authority of Tenth Circuit Rule 27.1 and the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001, § 1601-1611.

As of September 1-2, 2003, did the Oklahoma Wrongful Death Statute, Okla. Stat. tit. 12, § 1053, afford a cause of action for the wrongful death of a nonviable stillbo... More...   $0 (04-01-2008 - OK)