28 results for 'cat:"Health Care" AND cat:"Jurisdiction"'.
J. Jolly finds the district court properly remanded the class action to state court. The data privacy dispute was brought under allegations the healthcare-associated entity embedded tracking pixels onto its website sharing private information with third party websites. Though the company says it acted under the direction of a federal officer, at least two other circuits have found that a hospital does not act under the direction of the federal government when maintaining an online patient portal utilizing tracking pixels. The federal relationship is weak, and the company cannot show that it acted pursuant to a federal officer’s directions for purposes of federal officer removal. Affirmed.
Court: 5th Circuit, Judge: Jolly , Filed On: May 13, 2024, Case #: 23-30522, Categories: health Care, Privacy, jurisdiction
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: health Care, jurisdiction, Contract
J. Godbey finds that a case, brought by the caretaker of an intellectually disabled man who was jailed because of a behavioral episode, can survive motions to dismiss for improper venue and failure to state a claim, as argued by the sued county, health care organization and physician. The venue is sufficiently convenient for all parties and the caretaker presented evidence that defendants provided insufficient mental health care, which caused harm, and that organizations and individuals responsible for mental health care at the jail were aware that all prisoners at the facility lacked proper access to mental health care.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 23, 2024, Case #: 3:23cv1723, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, health Care, jurisdiction
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J. Bordallo dismisses a former doctor’s claims against two attorneys who represented a North Carolina hospital that suspended his medical license suspension. The court does not have jurisdiction over the claims, in one part because the attorneys are not government representatives. The former doctor does not show there is diversity jurisdiction either, all parties reside in Guam and the former doctor does not prove he actually lives in Florida as he claims.
Court: USDC Guam, Judge: Bordallo, Filed On: April 4, 2024, Case #: 1:23cv17, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Rights, health Care, jurisdiction
J. Boulware grants the behavioral health group's motion to dismiss this breach of contract action. The parties are both citizens of Florida and, having already found that the commercial construction company is a citizen of Florida, the court is without subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware , Filed On: March 22, 2024, Case #: 2:21cv1790, NOS: Other Contract - Contract, Categories: health Care, jurisdiction, Contract
J. Chambers grants the Canadian shoe cover manufacturer's motion to dismiss the registered nurse's product liability suit claiming work-issued shoe covers she wore at the Hershel “Woody” Williams Veterans Affairs Medical Center in Huntington caused her to slip and fall "hard on her left side," injuring her left hip. shoulder and ulnar nerve. The court lacks personal jurisdiction to hear the case since the company not only "did not purposefully avail itself of West Virginia," but also "had no clue its shoe covers would end up in the Mountain State."
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: February 29, 2024, Case #: 3:22cv88, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: health Care, Product Liability, jurisdiction
J. Soto finds a lower court erred in denying Texas Tech’s plea to the jurisdiction and motion for summary judgment after it was sued by a former patient for health care liability claims. The patient filed suit after the statute of limitations had expired, and while he argues it should be extended or tolled due to the Covid pandemic, these limitations are a hard “jurisdictional deadline” when bringing cases against a governmental entity, and the patient has therefore “failed to satisfy a jurisdictional statutory prerequisite” to bringing a case. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 27, 2024, Case #: 08-23-00170-CV, Categories: Government, health Care, jurisdiction
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. Gaughan denies the government's motion to dismiss, ruling that even if the health care provider did not fully exhaust its administrative remedies prior to filing suit to challenge calculation methods used to determine its Medicare overpayment, administrative exhaustion is not a jurisdictional requirement of the statute. Furthermore, any appeals process would have been futile, given the calculation methods could not be challenged before the administrative law judge.
Court: USDC Northern District of Ohio, Judge: Gaughan, Filed On: December 1, 2023, Case #: 1:23cv859, NOS: Other Statutory Actions - Other Suits, Categories: health Care, jurisdiction, Medicare
J. Vitter denies a request by an onshore physician to dismiss, on jurisdictional grounds, the medical malpractice claims against by the employer of a seaman on an offshore vessel who alleges that the doctor’s communications with an onboard medic resulted in a misdiagnosis and delay in treatment for a stroke. The activity giving rise to the seaman’s injuries has a sufficient connection to traditional maritime activity to support the exercise of the court’s admiralty tort jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: August 22, 2023, Case #: 2:21cv1348, NOS: Marine - Contract, Categories: Admiralty, health Care, jurisdiction
J. Kelly finds that a lower court properly dismissed a patient's medical negligence claims against a healthcare provider. The patient argues that the healthcare provider failed to prevent him from suffering side effects from a prescribed medication and that he is entitled to a new trial. A jury found in favor of the healthcare provider. The court lacks jurisdiction based on the patient's failure to timely file a notice of appeal. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 16, 2023, Case #: 22-2012, Categories: health Care, jurisdiction, Medical Malpractice
J. Sargus denies, in part, the birth control manufacturers' motion to dismiss, ruling that although the Utah-based company did not manufacture the defective Filshie Clip that migrated inside the patient's body and caused her injuries, its continuing conduct and advertisements in the state of Ohio prolonged the patient's injuries and gives this court jurisdiction over the case. However, because there is no evidence the parent company had any business contacts in the state and is not merely an alter ego of the manufacturer, the claims against it must be dismissed for lack of jurisdiction.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: July 10, 2023, Case #: 2:22cv1951, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: health Care, Product Liability, jurisdiction
[Consolidated.] J. St. Eve finds that the lower court improperly found for the medical manufacturer in a products liability suit over defective inferior vena cava filters that perforated the patients' veins. The patients experienced no pain or other symptoms, so their damages were less than $75,000 each, and federal courts lack jurisdiction over this matter. Vacated.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 23, 2023, Case #: 22-1844, Categories: health Care, Product Liability, jurisdiction
J. Brennan grants the motion for summary judgment filed by a co-founder of the health care facilities, ruling the documents taken by the co-founder shortly before he transferred his ownership interest and left the business do not qualify as trade secrets because they had no independent economic value. Therefore, the trade secrets claim fails as a matter of law, while the remaining state law claims must be dismissed for lack of jurisdiction.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: June 5, 2023, Case #: 5:21cv1070, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: health Care, Trade Secrets, jurisdiction
[Consolidated.] J. Stargel finds that the trial court improperly denied the insurance parties' dismissal motions in a dispute over coverage for claims for emergency medical services provided to foreign patients. There was insufficient evidence showing the court had personal jurisdiction over the insurance parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 26, 2023, Case #: 6D23-301, Categories: health Care, Insurance, jurisdiction