38 results for 'cat:"Civil Procedure" AND cat:"Health Care"'.
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: civil Procedure, Employment, health Care
J. Stadtmueller grants a patient’s motion to compel discovery. The patient has opioid disorder and insomnia, and was under care when he was arrested for driving while intoxicated. While detained in the county jail, he received none of his medications, as according to jail medical staff, methadone is not prescribed for inmates under any circumstances, and he was not permitted to leave the jail to receive treatment at a methadone clinic. The patient claims denial of treatment resulted in him experiencing extreme withdrawal. The patient requested discovery that the county objected to on grounds that it violated the Health Insurance Portability and Accountability Act (HIPAA), and that the requests were overly vague. But the instant court finds the discovery request relevant to the patient’s case and does not immediately see issues with HIPAA.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 16, 2024, Case #: 2:23cv873, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, health Care, Discovery
J. Ruiz denies the health care providers' motion to dismiss on the grounds of res judicata, ruling their settlement with the Ohio Attorney General does not bar the current action. Although it deals with the same subject matter - the operation of sham corporations to funnel health insurance premiums to individuals running the companies - the attorney general could not litigate claims on the part of the consumers who filed the lawsuit.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: March 20, 2024, Case #: 5:21cv2001, NOS: Other Contract - Contract, Categories: civil Procedure, health Care, Contract
J. Yarbrough finds that the lower court properly entered a take-nothing judgment against the appellant in this lawsuit alleging that an insurance company wrongfully drafted his bank account following the expiration of a hospital policy. The appellant sought a refund of the insurance premiums, and he testified that the policy was meant to be for two years only. However, he failed to revoke the authorization for the withdrawals in writing, and he "incorrectly interpreted the two-year termination provision which applied only to authorization for release of medical records." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 13, 2024, Case #: 07-23-00248-CV, Categories: civil Procedure, health Care, Insurance
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J. Glasgow finds that the lower court properly denied a petition from two former owners of adult family homes after they were placed on a vulnerable adult abuse registry list when they were found to have neglected a vulnerable adult. The two former owners moved to have their names struck from the registry, but under state law, nursing assistants with a single finding of neglect that took place outside of a nursing facility are not eligible for removal. Legal precedent has upheld these restrictions, and there is nothing on the record to suggest they were improperly applied in this case. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: March 12, 2024, Case #: 58113-2-II, Categories: civil Procedure, health Care
[Consolidated.] J. Boggs finds that the appeals court improperly ruled that the community health department commissioner applied the correct standard of review in reviewing the hearing officer's decision overturning the grant of the hospital's application for a certificate of need to establish a new radiation therapy service. The commissioner overturned the hearing officer's decision and granted the certificate of need. The appeals court incorrectly determined the meaning of the statutory phrase "competent substantial evidence." The phrase refers to evidence that is relevant to support a finding of fact. The case is remanded and the appeals court should first determine whether the commissioner complied with the statutory standard of review. Vacated.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: February 20, 2024, Case #: S23G0405, Categories: civil Procedure, health Care
J. Edwards denies the mother's petition for a writ of mandamus, in which she seeks an order for a forensic examination of the child and the disclosure of the child's mental-health records in the underlying custody dispute. The mother's petition was untimely filed as to her request for a forensic examination, and she fails to adequately argue her issue regarding the child's records.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 16, 2024, Case #: CL-2023-0903, Categories: civil Procedure, Family Law, health Care
J. Trotter finds that the lower court improperly denied the appellants' dismissal motion in this health care liability lawsuit based on the appellee's alleged failure to timely serve them with the expert report and curriculum vitae. The appellee "failed to timely effectuate service of her expert reports" as required, and the parties did not agree to an extension. Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: February 8, 2024, Case #: 11-23-00027-CV, Categories: civil Procedure, health Care, Experts
J. Molberg finds that the lower court properly granted the hospital defendant's plea to the jurisdiction in this lawsuit asserting claims for negligence and civil rights violations. The hospital district claimed it was entitled to sovereign immunity, and there is no evidence showing that it received the required notice of the litigant's claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 7, 2024, Case #: 05-22-01180-CV, Categories: civil Procedure, health Care, Jurisdiction
J. Jabar finds that the lower court improperly terminated the mother's parental rights to her older child. The lower court's findings fail to address certain "important issues that must be answered" before establishing whether the mother is unfit. Specifically, the record does not show that "the mother would be unfit even if the Department had met its legal duty" to provide skilled nursing care for the child. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 31, 2024, Case #: 2024ME16, Categories: civil Procedure, Family Law, health Care
J. Trauger denies the defendant executives' motion for judgment on the pleadings in this stockholder derivative lawsuit involving a corporation that operates senior-living communities. The stockholder's complaint contends that the executives breached their fiduciary duties "by allowing the company's alleged problems to persist and by misleading the public." The court now finds that the plaintiff stockholder has plausibly alleged that the corporate board "unfairly induced her to file her claims outside the statute of limitations."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: January 4, 2024, Case #: 3:21cv373, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, health Care, Fiduciary Duty
J. Hester finds that the trial court improperly dismissed the inmate's claims against the doctor over the alleged denial of medical care that led to severe injuries. The doctor's exception of prematurity was incorrectly sustained since he did not give evidence that he was immune from suit "as a qualified health care provider" under the Louisiana Medical Malpractice Act for the relevant period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: December 27, 2023, Case #: 2023CA0646, Categories: civil Procedure, health Care, Negligence
J. Eagan remands this case concerning the denial of an employee's short-term disability benefits to the plan administrator "for clarification of its decision." The claimant, who was diagnosed with sleep apnea and major depressive disorder, asserts a claim under the Employee Retirement Income Security Act. The court concludes that remand is proper as the administrator "failed to adequately explain the grounds for the decision."
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 22, 2023, Case #: 4:22cv61, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, Erisa, health Care
J. Worthen finds the trial court properly ordered the mental health patient be involuntarily administered psychoactive medication. A treating physician offered specific testimony regarding consequences, prognosis and the absence of less intrusive treatments that are likely to produce the same results as medications. There is clear and convincing, legally sufficient evidence to support the order. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: December 14, 2023, Case #: 12-23-00243-CV, Categories: civil Procedure, health Care, Commitment
J. Boyle grants, in part, a healthcare billing company's motion to seal or redact certain exhibits in a false claims case regarding its alleged failure to timely bill liable third-parties, costing Medicaid agency clients millions. Certain exhibits, such as those concerning industry-specific business processes, warrant redaction.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: December 13, 2023, Case #: 3:19cv920, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: civil Procedure, health Care, False Claims
J. Longoria conditionally grants the doctor's petition for a writ of mandamus, in which he challenges the lower court's failure to rule on his summary judgment motion in the underlying health care liability action. Though courts have "broad discretion in how they conduct business," the lower court abused its discretion by failing to issue a ruling on the motion in a reasonable time. The relator doctor repeatedly requested a ruling, and the motion has been pending for over a year.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 17, 2023, Case #: 13-23-00460-CV, Categories: civil Procedure, health Care, Medical Malpractice
J. Papillion denies a request by a medical billing and collections company to set aside an order requiring it to produce records related to the payment of at least $355,000 for the medical treatment of a Dollar General customer who has filed a slip and fall action. Healthcare providers who treat persons seeking damages in personal injury cases are frequently called upon to participate in the discovery process, and the order is not unduly burdensome.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: November 9, 2023, Case #: 2:22cv2179, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Debt Collection, health Care
J. Walker answers the certified question from the Kanawha County Circuit Court, "Whether parties who are dismissed from an action brought under the Medical Professional Liability Act (MPLA), but who did not settle their claims with the plaintiff may be considered by the jury in apportioning fault under West Virginia Code § 55-7B-9(b) (2016)?" The judge reformulates the question "whether a healthcare provider who was named in the complaint but voluntarily dismissed as a party is an 'alleged party' for purposes of West Virginia Code § 55-7B-9(b)?" and answers in the affirmative.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-567, Categories: civil Procedure, health Care, Medical Malpractice
J. Doughty denies requests by a woman suing Walmart for a trip-and-fall to exclude as highly prejudicial and irrelevant, evidence of prior or subsequent accidents like the incident at the chain store. The ruling agrees with Walmart’s argument that such evidence is “wholly relevant” in determining damages. The woman and her husband were involved in a car accident nearly one year after the slip and fall incident. That suit is currently pending in state court. Both suits are for personal injury claims for several related injuries, such as cognitive issues, depression and pain in the limbs.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: October 18, 2023, Case #: 3:22cv50, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, Evidence, health Care
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: civil Procedure, Employment, health Care
J. Campbell denies the dismissal motions filed in this lawsuit brought by a nonprofit organization alleging violations of the Freedom of Access to Clinic Entrances Act, as well as trespass, assault and nuisance, against a group of protesters. The nonprofit corporation has statutory standing, and it has stated a claim for relief under the Act. Also, the procedural mechanisms of the Tennessee Public Participation Act do not apply.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: August 23, 2023, Case #: 3:22cv565, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, health Care, Assault
J. Yarbrough partially approves attorney fees following a class action settlement between consumers and a health care company over a data breach, determining that around $99,000 is a reasonable amount for attorney fees given the “novelty” of this case and other factors, including a comparison with similar cases.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: July 18, 2023, Case #: 1:21cv652, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: civil Procedure, health Care, Attorney Fees
J. Evans holds that triable issues of fact should have stopped the trial court from granting an insurer summary judgment on unfair competition allegations brought by the California Medical Association. The Unfair Competition Law limits a membership organization's standing to suits for injuries it suffers, but does not confer standing for injuries suffered by its members. But a membership organization attains standing when it makes expenditures, other than litigation expenses, to respond to unfair competition that threatens its mission. Reversed.
Court: California Supreme Court, Judge: Evans, Filed On: July 17, 2023, Case #: S269212, Categories: civil Procedure, health Care, Insurance