| Weekly Opinion Summaries Health Care Cases | | | April 08-14, 2011 FindLaw.com Weekly Health Care Newsletter | | You may forward this e-mail in its entirety. Table of Contents Health Care Cases FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com. Health Care Cases United States First Circuit, 04/11/2011 Ramos-Cruz v. Centro Medico del Turabo, Inc., No. 10-1203 In dispute involving the Emergency Medical Treatment and Active Labor Act (EMTALA), summary judgment of district court in favor of defendant is affirmed where defendant-Hospital provided for an emergency transfer in the best interests of the patient under 42 U.S.C. section 1395dd(c)(1)(A)(ii). Read more... United States Third Circuit, 04/13/2011 Helen Mining Co. v. Obush, No. 09-3438 In a petition for review of a decision awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, petition is denied where claim by retiree sixteen years after he last worked for petitioner was not time-barred because a medical determination of total disability due to pneumoconiosis predating a prior, final denial of benefits is deemed a misdiagnosis and thus, cannot trigger the statute of limitations for filing a subsequent claim. Read more... United States Fourth Circuit, 04/13/2011 Schafer v. Astrue, No. 10-1500 In a dispute involving the scope of the Social Security Act (the Act), 42 U.S.C. section 402(d) et seq., judgment of the district court is affirmed because under the Act, a natural children, with certain exceptions, must be able to inherit from the decedent under state intestacy law, such that a child conceived in vitro and born after the death of his biological after was not eligible for survivorship benefits. Read more... California Court of Appeal, 04/12/2011 People v. Murdoch, No. G043313 Conviction and sentencing of defendant for assault with a deadly weapon and battery with serious bodily injury is vacated where court, following a Penal Code section 1368 continuance, reinstated criminal proceedings despite refusal of incompetent defendant to take curative measures so that he may become competent to stand trial, and where court granted motion by defendant to represent himself. Read more... California Court of Appeal, 04/13/2011 Los Angeles Gay and Lesbian Center v. Superior Court (Bomersheim), No. B228853 Petition of mandate seeking order to compel trial court to set aside a class notice that provides for opt-out notice to a class of patients who mistakenly received from the petitioner the wrong medication for syphilis is granted in part and denied in part because trial court did not err in establishing an opt-out class, but erred in ordering the petitioner to disclose the names and addresses of plaintiffs counsel to the class members. Read more... FindLaw includes summaries of all Supreme and Appellate Court slip opinions posted on the official Illinois Courts site. FindLaw summaries include opinions that have not yet been released for publication and may be subject to modification, correction or withdrawal. Check the Illinois Courts site to determine if a specific opinion has been released before relying on that case as precedent. Feedback We value your comments! Please take a moment to tell us what you think by sending us an e-mail. | Subscription Information Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. | Advertising Information For more information about advertising in FindLaw Newsletters, click here. | | 800 W. California Ave., Sunnyvale, CA 94086 | | | |
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