Case Citation: Gallagher v. Cayuga Medical Center 151 AD 3d 1349 - NY: Appellate Div., 3rd Dept. 2017 Background: In this civil case Timothy W. Gallagher is the appellant, and Cayuga Medical Center (CMC) is the respondents. The case took place in the appellate division of the supreme court of New York, division three. The plaintiff’s complaint was that Cayuga Medical Center had asserted medical malpractice, negligence, wrongful death and emotional distressed.
However, Plaintiff failed to explain what instructions were or were not given. Defendant’s complaint lacked important substance to support the vicarious liability allegation; subsequently it is likely that our 12(b)(6) motion to dismiss for failure to state a claim will be granted. In conclusion, my legal team and I believe that it is likely that the whole complaint can be dismissed.
to show: (A) there was a purported fiduciary relationship; or (B) the relationship was one of subjugation or “dominion and influence.” Each of these deficiencies alone necessitates a dismissal of Dr. Stout’s constructive fraud cause of action under Rule 12(b)(6). The Court has explained the elements necessary to maintain a constructive fraud cause of action: A constructive fraud complaint must allege facts and circumstances (1) which created the relation of trust and confidence, and (2) led up to and surrounded the consummation of the transaction in which defendant is alleged to have taken advantage of his position of trust to the hurt of plaintiff.
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner 's proposed accommodation would permit the new rotation program to endure, even though on a modified basis.
In the movie, A Civil Action, personal injury lawyer, Jan Schlichtman and his law firm, file a law suit against Beatrice Foods and W.R. Grace & Company. The prosecution’s case is based on the premise that these two leather companies contaminated the water supply, in Woburn, Massachusetts. The motion brought before the court requested that the eight plaintiffs be compensated for “negligence, conscious pain and suffering, and wrongful death. ”1 Schlichtman presented medical evidence that illustrated an unusually high incidence of cancer in the small town of Woburn.
Citation: Bob Timberlake Collection, Inc. v. Edwards, 176 N.C. App. 33, 626 S.E.2d 315 (2006). Procedural History: Bob Timberlake Collection Incorporated filed a complaint against Mr. Marshall Edwards alleging breach of stock purchase agreement, default of promissory note, and misrepresentation. Mr. Edward’s filed a counterclaim that consisted of claims for fraud, negligent misrepresentation, securities fraud, unfair and deceptive trade practices, breach of the stock purchase agreement and breach of a January 2002 agreement. Bob Timberlake Collection then asked for Mr. Edwards counterclaims to be dismissed, which the Trial Courts agreed upon based on Edwards’s prejudice for failure "to state proper claims for which relief can be granted pursuant to Rule 12(b)(6) of the
The appeals court placed its emphasis on these elements of tortious interference: (1) “the existence of a business relationship (2) knowledge of the relationship on the part of the defendant; (3) an intentional and unjustified interference with the relationship by the defendant; and (4) damage to the plaintiff as a result of the breach of the relationship.” Additionally, the court sought to find if the tort elements were congruent with the following assertions made by Gossard. Nursefinders and Gossard had an agreement that prohibited a parent or affiliate of Nursefinders from providing similar services within Gossard’s territory. Adia knew of the agreement prior to its purchase. Adia purchased Star Med, a direct competitor operating in Gossard’s franchise territory.
Dr. Califf, 64, is a cardiologist and clinical trial expert from Duke University who has been a consultant to drug companies and ran a research institute that received a majority of its funding from the industry. Such ties have raised questions among some public health groups and some Democrats that he is too close to the industry he is being called on to regulate. Many medical experts dispute that, saying that industry is a principal funder of research in the United States and that working with companies does not present an inherent conflict. Dr. Califf said as much during his two-hour hearing. The session, before the Senate Committee on Health, Education, Labor and Pensions, was largely friendly, but was punctuated with skeptical questions from Elizabeth Warren, a Democrat from Massachusetts, and Bernie Sanders, the independent from Vermont who is running for the Democratic presidential nomination.
B. DR. STOUT’S ALLEGATIONS DO NOT AFFECT COMMERCE The allegations made by Dr. Stout, even if taken as true, do not affect commerce. Accordingly, dismissal of the UDTPA claim is appropriate.
Name of Case Sinthasophone v. City of Milwaukee Citation and Date Decided The Estate of Konerak Sinthasomphone, by its special administrator, Anoukone Sinthansomphone; Soutnthhone Sinthasomphone; and Somdy Sinthasomphone, Plantiffs, v. The City of Milwaukee, a municipal corporation; Joseph Gabrish; John A. Balcerzak; and Richard Po-Rubcan, Defendants. Civil Action No. 91-C-1121 United States District Court for the Eastern District of Wisconsin 838 F Supp. 1320; 1993 U.S. Dist. LEXIS 16709 Facts and Main Issue of Case
At (1250hrs) SBDO Wagner enters the BDO Office and asked to speak to me about AIM E-Performance notes. According to SBDO Wagner, AIM E-Performance notes were not meant to be written on a routine basis; however, only meant to document employees that go above and beyond the call of duty. In addition, SBDO Wagner indicated that his training as a SBDO in Anchorage, AK supports his understanding of how to properly document AIM E-Performance entries. SBDO Wagner contended that his belief is that BDOs are responsible for providing him feedback of their performance, and his training would support his belief. Also, the scheduled monthly sit-downs would be sufficed for BDOs that are performing adequately.
Health Care Law: Tort Case Study Carolann Stanek University of Mary Health Care Law: Tort Case Study A sample case study reviewed substandard care that was delivered to Ms. Gardner after having sustained an accident and brought to Bay Hospital for treatment. Dr. Dick, a second-year pediatric resident, was on that day in the ED and provided care for Ms. Gadner. Dr. Moon, is the chief of staff and oversees the credentialing of all physicians at Bay Hospital.
For example, a patient may need a specific treatment. The physician’s administration attempt to gain approval form the insurance company to proceed with the treatment and is denied. The insurance company instead gives the physician another less expensive option. Though the option presented is less likely to give a better percentage of a positive outcome for the patient. The physician has a clear conflict in pleasing both the insurance company and the patient.
The court found the “Defendant's care of Claimant fell below acceptable standards of practice” (Stashenko, 2015). In 2009 a former inmate of the Hawaii corrections department was awarded close to $1 million in damages for an incident in 2003, in which the physician’s failure to give the correct type and dosage of antibiotic for an infection in his scrotum. This resulted in 6 subsequent surgeries and the removal of his scrotum, rendering him
