Some
Kaiser Permanente Legal Cases that have been argued before the
Supreme
Court of The United States
NOTE:
The purpose of this section, in fact for the entire legal
section
of The Kaiser Papers is to clearly show that there is a
disproportionate number of legal cases that have justifiably been
brought against the three corporations - Kaiser Plan, Kaiser Hospitals
and Permanente Medical. With this listing, the public has a
jump
start on learning where to look to find further information on Kaiser
wrong doing and twisting of current law. This is not an all
inclusive listing of lawsuits, but rather a generalized listing for
the publics viewing.
1.
Epstein v. Southern Cal.
Permanente Med. Group, 97-1796,
SUPREME
COURT OF THE UNITED
STATES, October 5, 1998, Decided
2.
Smith v. Kaiser
Permanente Med. Group, 97-1423, SUPREME
COURT
OF THE UNITED STATES,
April 27, 1998, Decided
3.
Ramey-Gillis v. Kaiser
Permanente, 97-5308, SUPREME COURT
OF
THE UNITED STATES,
December 1, 1997, Decided
4.
Ramey-Gillis v. Kaiser
Permanente, 97-5308, SUPREME COURT
OF
THE UNITED STATES,
October 6, 1997, Decided
5.
Dalal v. Kaiser
Permanente, 96-6620, SUPREME COURT OF
THE
UNITED STATES, February
18, 1997, Decided
6.
Javidi v. Kaiser
Permanente Medical Group, 94-8916, SUPREME
COURT
OF THE UNITED STATES,
June 12, 1995, Decided
7.
Grant v. Kaiser
Permanente Medical Ctr., 93-6830, SUPREME
COURT OF
THE UNITED STATES, March
21, 1994
8.
WARNE v. SUPER CT. OF
CALIFORNIA, No. 90-755, SUPREME
COURT
OF THE UNITED STATES,
January 7, 1991
9.
Stallcop v. Kaiser
Permanente, No. 87-678, SUPREME COURT
OF THE
UNITED STATES, December
14, 1987
10.
Bradley v. Kaiser
Permanente of N. Cal. Med. Group, No.
00-15649,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
October 16, 2000 n2,
Submitted n2 The panel unanimously
finds this
case suitable for
decision without oral argument. See
Fed. R. App. P.
34(a)(2)., October 27,
2000, Filed, RULES OF THE NINTH
CIRCUIT
COURT OF APPEALS MAY
LIMIT CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES
COURT OF APPEALS FOR THIS
CIRCUIT.
11.
Benson v. Feldstein, No.
99-35751, UNITED STATES COURT
OF
APPEALS FOR THE NINTH
CIRCUIT, October 16, 2000 n2, Submitted
n2
The panel unanimously
finds this case suitable for decision
without oral
argument. See Fed. R.
App. P. 34(a)(2)., October 26,
2000, Filed,
RULES OF THE NINTH
CIRCUIT COURT OF APPEALS MAY LIMIT
CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO THE
RULES OF THE UNITED
STATES COURT OF APPEALS FOR THIS
CIRCUIT.
12.
Mesnick v.
Medicare-Healthcare, No. 99-4061, UNITED STATES
COURT
OF APPEALS FOR THE SIXTH
CIRCUIT, May 4, 2000, Filed,
NOT
RECOMMENDED FOR FULL-TEXT
PUBLICATION. SIXTH CIRCUIT
RULE 28(g) LIMITS
CITATION TO SPECIFIC SITUATIONS. PLEASE
SEE
RULE 28(g) BEFORE CITING
IN A PROCEEDING IN A COURT IN
THE
SIXTH CIRCUIT. IF CITED,
A COPY MUST BE SERVED ON OTHER
PARTIES AND THE COURT.
THIS NOTICE IS TO BE PROMINENTLY
DISPLAYED IF THIS
DECISION IS REPRODUCED.,
13.
MESNICK v.
MEDICARE-HEALTHCARE, No. 99-4061, UNITED STATES
COURT OF APPEALS FOR THE
SIXTH CIRCUIT, May 4, 2000,
Filed,
DECISION WITHOUT
PUBLISHED OPINION
14.
Bush v. Martin, No.
00-1247, UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT,
April 13, 2000, Submitted, April
20, 2000,
Decided, RULES OF THE
FOURTH CIRCUIT COURT OF APPEALS
MAY
LIMIT CITATION TO
UNPUBLISHED OPINIONS. PLEASE REFER
TO THE
RULES OF THE UNITED
STATES COURT OF APPEALS FOR THIS
CIRCUIT.,
15.
Bush v. Martin, No.
00-1247, UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT,
April 13, 2000, Submitted, April
20, 2000,
Decided, DECISION WITHOUT
PUBLISHED OPINION
16.
Ehlmann v. Kaiser Found.
Health Plan, No. 98-11020, UNITED
STATES
COURT OF APPEALS FOR THE
FIFTH CIRCUIT, February 14,
2000,
Filed, DECISION WITHOUT
PUBLISHED OPINION
17.
MORRIS v. KAISER
PERMANENTE MED. CTR., INC., No. 99-15164,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
December 8, 1999, Argued
and Submitted, Pasadena, California,
January 11, 2000, Filed,
RULES OF THE NINTH CIRCUIT COURT
OF
APPEALS MAY LIMIT
CITATION TO UNPUBLISHED OPINIONS. PLEASE
REFER TO THE RULES OF THE
UNITED STATES COURT OF APPEALS
FOR THIS CIRCUIT.,
OVERVIEW: Plaintiff's
resignation was a legitimate, non-discriminatory
reason for not allowing
her to stand for election to
participancy status and
not transferring her;
plaintiff failed to show the reason
was pretextual.
CORE TERMS: resigned,
election, memorandum, ballot, summary
judgment, resignation,
elevation, reinstatement, terminated,
withdrawn...
18.
MORRIS v. KAISER
PERMANENTE MED. CTR., INC., No. 99-15164,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
December 8, 1999, Argued
and Submitted, Pasadena, California,
January 11, 2000, Filed,
DECISION WITHOUT PUBLISHED OPINION
19.
Chiles v. Kaiser
Permanente Med. Care Program, No. 97-35911,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
September 18, 1998,
Argued and Submitted, Portland, Oregon,
September 22, 1998,
Filed, RULES OF THE NINTH CIRCUIT
COURT
OF APPEALS MAY LIMIT
CITATION TO UNPUBLISHED OPINIONS.
PLEASE REFER TO THE RULES
OF THE UNITED STATES COURT
OF
APPEALS FOR THIS CIRCUIT.,
20.
Chiles v. Kaiser
Permanente Med. Care Program, No. 97-35911,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
September 18, 1998,
Argued and Submitted, Portland, Oregon,
September 22, 1998,
Filed, DECISION WITHOUT PUBLISHED
OPINION
21.
Epstein v. Southern Cal.
Permanente Med. Group, No. 96-56629,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
February 5, 1998, Argued
and Submitted, Pasadena, California,
March
19, 1998, Filed, RULES OF
THE NINTH CIRCUIT COURT OF
APPEALS
MAY LIMIT CITATION TO
UNPUBLISHED OPINIONS. PLEASE REFER
TO
THE RULES OF THE UNITED
STATES COURT OF APPEALS FOR THIS
CIRCUIT.,
CORE TERMS: summary
judgment, notice of appeal, termination,
religious discrimination,
collective bargaining agreement,
employment
discrimination, state
law, removal, nondiscriminatory
reason, prima facie
case...
22.
Epstein v. Southern Cal.
Permanente Med. Group, No. 96-56629,
UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT,
February 5, 1998, Argued
and Submitted, Pasadena, California,
March
19, 1998, Filed, DECISION
WITHOUT PUBLISHED OPINION
23.
Arrindell v. Kaiser
Health Plan, No. 96-2209, UNITED
STATES COURT
OF APPEALS FOR THE FOURTH
CIRCUIT, June 10, 1997, Submitted,
August 5, 1997, Decided,
RULES OF THE FOURTH CIRCUIT
COURT
OF APPEALS MAY LIMIT
CITATION TO UNPUBLISHED OPINIONS
PLEASE REFER TO THE RULES
OF THE UNITED STATES COURT
OF
APPEALS FOR THIS CIRCUIT.,
CORE TERMS: training,
prima facie case, satisfactory,
intubation,
appraisal, airway,
discriminatory treatment, summary
judgment,
discriminatory,
pretextual...
24.
Arrindell
v. Kaiser Health Plan, No. 96-2209, UNITED
STATES COURT
OF APPEALS FOR THE FOURTH
CIRCUIT, June 10, 1997, Submitted,
August 5, 1997, Decided,
DECISION WITHOUT PUBLISHED OPINION
25.
Orye v. Kaiser Found.
Health Plan, No. 96-1975, UNITED
STATES
COURT OF APPEALS FOR THE
FOURTH CIRCUIT, May 6, 1997,
Argued, May 23, 1997,
Decided, RULES OF THE FOURTH CIRCUIT
COURT OF APPEALS MAY
LIMIT CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES
COURT OF APPEALS FOR THIS
CIRCUIT.,
26.
Orye v. Kaiser Found.
Health Plan, No. 96-1975, UNITED
STATES
COURT OF APPEALS FOR THE
FOURTH CIRCUIT, May 6, 1997,
Argued, May 23, 1997,
Decided, DECISION WITHOUT PUBLISHED
OPINION
27.
Dalal v. Kaiser
Permanente, No. 95-55223, UNITED STATES
COURT
OF APPEALS FOR THE NINTH
CIRCUIT, August 7, 1996, FILED,
RULES OF THE NINTH
CIRCUIT COURT OF APPEALS MAY LIMIT
CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO THE
RULES OF THE UNITED
STATES COURT OF APPEALS FOR THIS
CIRCUIT.
28.
Dalal v. Kaiser Permanente, No.
95-55223, UNITED STATES
COURT
OF APPEALS FOR THE NINTH
CIRCUIT, June 6, 1996, ** Submitted,
San Diego, California **
The panel unanimously finds
this case suitable
for decision without oral
argument. Fed. R. App. P. 34(a)
and Ninth Circuit
Rule 34-4., June 18,
1996, FILED, RULES OF THE NINTH
CIRCUIT
COURT OF APPEALS MAY
LIMIT CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES
COURT OF APPEALS FOR THIS
CIRCUIT.,
CORE TERMS: tab, summary
judgment, prima facie case,
appoint
counsel, bin, appointment
of counsel, state law, insubordination,
supervisor, abuse of
discretion...
29.
Dalal v. Kaiser
Permanente, No. 95-55223, UNITED STATES
COURT
OF APPEALS FOR THE NINTH
CIRCUIT, June 6, 1996, ** Submitted,
San Diego, California **
The panel unanimously finds
this case suitable
for decision without oral
argument. Fed. R. App. P. 34(a)
and Ninth Circuit
Rule 34-4., June 18,
1996, FILED, RULES OF THE NINTH
CIRCUIT
COURT OF APPEALS MAY
LIMIT CITATION TO UNPUBLISHED
OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES
COURT OF APPEALS FOR THIS
CIRCUIT.
30.
RAINS v. CRITERION SYS.,
No. 93-17168, UNITED STATES
COURT OF
APPEALS FOR THE NINTH
CIRCUIT, March 13, 1995, Argued,
Submitted, San Francisco,
California, March 26, 1996,
Filed
CORE TERMS: federal law,
state law, federal jurisdiction,
federal
question, cause of
action, wrongful termination, public
policy, state law
claim, violation of
public policy, federal cause of action...
31.
Javidi v. Kaiser
Permanente Medical Group, No. 93-17192,
UNITED
STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, December
6,
1994, ** Submitted ** The
panel unanimously finds this
case suitable for
decision without oral
argument. Fed. R. App. P. 34(a);
9th Cir. R. 34-4.,
December 16, 1994, FILED,
THIS DISPOSITION IS NOT APPROPRIATE
FOR PUBLICATION AND MAY
NOT BE CITED TO OR BY THE COURTS
OF THIS CIRCUIT EXCEPT AS
PROVIDED BY THE 9TH CIR. R.
36-3.,
32.
Javidi v. Kaiser
Permanente Medical Group, No. 93-17192,
UNITED
STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, December
6,
1994, ** Submitted ** The
panel unanimously finds this
case suitable for
decision without oral
argument. Fed. R. App. P. 34(a);
9th Cir. R. 34-4.,
December 16, 1994, FILED,
THIS DISPOSITION IS NOT APPROPRIATE
FOR PUBLICATION AND MAY
NOT BE CITED TO OR BY THE COURTS
OF THIS CIRCUIT EXCEPT AS
PROVIDED BY THE 9TH CIR. R.
36-3.,
Certiorari Denied June
12, 1995, 33.
33.
Grant v. Kaiser
Permanente Medical Ctr., No. 93-15171,
UNITED
STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, July 6,
1993
**, Submitted ** The
panel unanimously finds this case
suitable for
decision without oral
argument. Fed. R. App. P. 34(a);
9th Cir. R. 34-4.
Accordingly, we deny
Grant's request for oral argument.,
July 13, 1993,
Filed, THIS DISPOSITION
IS NOT APPROPRIATE FOR PUBLICATION
AND MAY NOT BE CITED TO
OR BY THE COURTS OF THIS CIRCUIT
EXCEPT AS PROVIDED BY THE
9TH CIR. R. 36-3.,
34.
Grant v. Kaiser
Permanente Medical Ctr., No. 93-15171,
UNITED
STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, July 6,
1993
**, Submitted ** The
panel unanimously finds this case
suitable for
decision without oral
argument. Fed. R. App. P. 34(a);
9th Cir. R. 34-4.
Accordingly, we deny
Grant's request for oral argument.,
July 13, 1993,
Filed, THIS DISPOSITION
IS NOT APPROPRIATE FOR PUBLICATION
AND MAY NOT BE CITED TO
OR BY THE COURTS OF THIS CIRCUIT
EXCEPT AS PROVIDED BY THE
9TH CIR. R. 36-3.
35.
PAUL v. KAISER PERMANENTE
HOSP., No. 89-15083, UNITED
STATES
COURT OF APPEALS FOR THE
NINTH CIRCUIT, April 5, 1990,
THIS
DISPOSITION IS NOT
APPROPRIATE FOR PUBLICATION AND MAY
NOT
BE CITED TO OR BY THE
COURTS OF THIS CIRCUIT EXCEPT AS
PROVIDED BY 9TH CIR. R.
36-3.
36.
Rey v. Kaiser-Permanente
Medical Group, No. 83-6472,
UNITED
STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT, March
10,
1986, THIS DISPOSITION IS
NOT APPROPRIATE FOR PUBLICATION
AND MAY NOT BE CITED TO
OR BY THE COURTS OF THIS CIRCUIT
EXCEPT AS PROVIDED BY 9TH
CIR. R. 21.
37.
Rice v. Kaiser Found.
Health Plan of Tex., Inc., Civil
Action No.
3:99-CV-0714-L, UNITED
STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF
TEXAS, DALLAS DIVISION, September
27,
2000, Decided, September
27, 2000, Filed; September 28,
2000,
Entered on Docket
OVERVIEW: State claims
for negligence and medical malpractice
against
health plan affiliates
were not preempted by ERISA because
plaintiffs
challenged quality of
health plan, not the manner in
which it was
administered.
CORE TERMS: health care,
preempted, containment, removal,
cause of
action, subject matter
jurisdiction, federal question,
state law, employee
benefit plan, medical
malpractice...
38.
Williams v. Kaiser
Permanente Div. of Research, No. C-99-4230
MJJ,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA, August 22,
2000, Decided, August 22, 2000,
Filed;
August 28, 2000, Entered
in Civil Docket
OVERVIEW: Former
employee, who petitioned for bankruptcy
after her
termination, lacked
standing to bring an employment discrimination
claim against employer
because she failed to schedule
the claim as an
asset in her bankruptcy.
CORE TERMS: prima facie
case, summary judgment, phone,
racial
discrimination, religious
discrimination, productivity,
presentation,
telephone, patient,
employment discrimination...
39.
Beers v. Kaiser
Permanente Northeast Div., 98-CV-1121
(TJM), UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF NEW
YORK, December 15, 1999,
Decided, December 16, 1999,
Filed
OVERVIEW: Plaintiff's
complaint was dismissed because
she had not
provided sufficient
evidence that her termination was
causally connected
to her reporting
activities and she had waived some of
her claims under
state law.
CORE TERMS: retaliation,
terminated, summary judgment,
reporting,
termination, regulation,
supervisor, patient, doctor,
state law...
40.
Albright v. Kaiser
Permanente Med. Group, No. C98-0682
MJJ, UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA, August 3,
1999, Decided, August 3, 1999,
Filed; August 6,
1999, Entered in Civil
Docket
OVERVIEW: State court's
jurisdiction over insured's state
law claims of
unfair business
practices, violations of covenant of
good faith and fair
dealing, and fraud
against health plan, hospital, and
medical group was
not preempted by the
Medicare Act.
CORE TERMS: state law,
preemption, removal, inextricably
intertwined,
reimbursement, coil,
preempt, bottom, federal jurisdiction,
federal
district...
41.
Silva v. Kaiser
Permanente, CIVIL ACTION NO. 3-98-CV-0767-L,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF TEXAS, DALLAS
DIVISION, May 25, 1999, Decided, May
25, 1999,
Filed; May 26, 1999,
Entered on Docket
OVERVIEW: Plaintiffs who
sought remand to state court
of their action
alleging medical
malpractice and negligence were unsuccessful,
because of preemption by
the Employee Retirement Income
Security Act.
CORE TERMS: removal,
preempted, containment, utilization,
state law,
lymphoma, doctors,
subject matter jurisdiction, federal
question,
implicated...
42.
Paulus v. Kaiser
Permanente Med. Group, Inc., No. C-98-0025-VRW,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA, May 24,
1999, Decided, May 24, 1999, Filed
OVERVIEW: Employer
obtained summary judgment in employee's
discrimination action
under the Americans with Disabilities
Act of 1990,
because employee was not
a disabled person or a qualified
individual,
and defendant made
reasonable accommodations for employee.
CORE TERMS: disability,
accommodation, disabled, summary
judgment,
repetitive, declaration,
reasonable accommodation, unable
to perform,
nonmoving party, moving
party...
43.
Kight v. Kaiser Found.
Health Plan, CIVIL ACTION NO.
98-1479-A,
UNITED STATES DISTRICT
COURT FOR THE EASTERN DISTRICT
OF
VIRGINIA, ALEXANDRIA
DIVISION, January 22, 1999, Decided,
January
22, 1999, Filed
OVERVIEW: Defendants'
motion for judgment on the pleadings
granted
where plaintiff's state
claims were completely preempted
by federal law;
plaintiff's motion for
remand denied where federal jurisdiction
existed
and federal common law
governed the dispute.
CORE TERMS: state law,
financial incentive, preempted,
federal common
law, health insurance,
coverage, preempt, federal interest,
preemption,
administrative decision...
44.
Ehlmann v. Kaiser Found.
Health Plan, CASE NO. 4: 97-CV-264-Y,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF TEXAS, FORT WORTH
DIVISION, August 24, 1998, Decided,
August
24, 1998, Filed, As
Amended October 19, 1998, Nunc Pro
Tunc August
24, 1998.
CORE TERMS: motion to
dismiss, state-law, disclosure,
causation,
standing to bring, breach
of fiduciary duty, breach-of-fiduciary-duty,
entitle,
pled, fiduciary duties...
45.
Ajemba v. Kaiser Found.
Health Plan, Inc., Civil Action
No. 98-713 (GK),
UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA,
July 13, 1998, Decided,
July 14, 1998, Filed
CORE TERMS: removal,
state law, preempt, federal law,
preemption,
preempted, doctors,
federal officer, performing, preemption
provision...
46.
Schmid v. Kaiser Found.
Health Plan, Civil No. 96-1649-MA,
UNITED
STATES DISTRICT COURT FOR
THE DISTRICT OF OREGON, February
21, 1997, Decided,
February 21, 1997, FILED
CORE TERMS: preempted,
breach of contract, state law,
medical
malpractice, preemption
provision, duty, negligence claim,
breached,
dentist, doctor...
47.
TOLEDO v. KAISER
PERMANENTE MED. GROUP, No. C-96-20363
SW,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA, February
12, 1997, Decided, February 12,
1997,
FILED, ENTERED IN CIVIL
DOCKET
CORE TERMS: health plan,
arbitration, preempted, state
law, arbitration
provision, insured,
preemption, preempt, surgery, surgical...
48.
MILLET v. KAISER
PERMANENTE HOSP., NO. C 93-3455 VRW,
UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA, October 26,
1994, Filed; October 27, 1994,
Entered
49.
MILLET v. KAISER
PERMANENTE HOSP., Case No. C 93-3455-VRW,
UNITED STATES DISTRICT
COURT FOR THE NORTHERN DISTRICT
OF CALIFORNIA, May 2,
1994, Decided, May 2, 1994, Filed,
Adopting
Order of October 26,
1994, Reported at: 1994 U.S. Dist.
CORE TERMS: harassment,
race discrimination, supervisor,
co-worker,
prompt, sexual
harassment, touched, remedial action,
subordinate,
hostile work
environment...
50.
Kaiser Permanente
Employees Pension Plan v. Bertozzi,
No. C 93-3205
WHO, UNITED STATES
DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA,
March 23, 1994, Decided, March
24, 1994,
Filed; March 25, 1994,
Entered
CORE TERMS: election,
beneficiary, summary judgment,
administrator,
retirement, spouse,
failure to respond, annuity, lump
sum, estimate...
51.
Carolina v. Kaiser
Foundation Health Plan, Inc., Civil
Action No. 89-0850,
UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF COLUMBIA,
February 8, 1990, Decided
and Filed
CORE TERMS: grievance,
prima facie case, memorandum,
terminated,
attendance, summary
judgment, inter-office, disparate
treatment, tardy,
undisputed facts...
52.
Kaiser Foundation
Hospitals v. California Nurses Asso.,
No. C80 2283
AJZ, United States
District Court for the Northern District
of California,
July 3, 1980
CORE TERMS: higher
classification, fact-finding, arbitrator,
nurse,
settlement agreement,
final disposition, collective bargaining
agreement,
bargaining, preliminary
injunction, times material...
53.
Presley v. Kaiser
Permanente Hosps., S068560, SUPREME
COURT OF
CALIFORNIA, April 15,
1998, Decided
54.
Permanente v. Workers'
Compensation Appeals Bd., S055934,
SUPREME COURT OF
CALIFORNIA, November 13, 1996, Decided
55.
Tombaugh v. Kaiser Permanente Medical
Ctr., S049576, SUPREME
COURT OF CALIFORNIA,
November 29, 1995, Decided
56.
Fordham v. Workers'
Compensation Appeals Bd., S025756,
SUPREME
COURT OF CALIFORNIA,
April 29, 1992, Decided
57.
Kaiser Permanente Medical
Group, Inc. v. Superior Court
of County of
Alameda, S004097, SUPREME
COURT OF CALIFORNIA, March
12,
1992, Decided
58.
Warne v. Superior Court
of County of Los Angeles, No.
S016698,
Supreme Court of
California, August 29, 1990
59.
Warne v. Superior Court
of County of Los Angeles, No.
S016606,
Supreme Court of
California, August 22, 1990
60.
Harkey v. Kaiser
Permanente-Co., No. S008464, Supreme
Court of
California, February 15,
1989
61.
Kaiser Permanente Medical
Group, Inc. v. Superior Court
for County of
Alameda, No. A041017,
Court of Appeal of California,
First Appellate
District, Division Three,
January 22, 1988, Decided and
Filed
62.
CLIFFORD v. ROWELL, No.
99SC7, SUPREME COURT OF
COLORADO, May 10, 1999,
Decided, THIS OPINION IS NOT
THE FINAL
VERSION AND SUBJECT TO
REVISION UPON FINAL PUBLICATION.
63.
Rowell v. Clifford, No.
97CA1771, COURT OF APPEALS OF
COLORADO, DIVISION TWO,
November 13, 1998, Decided, Rehearing
Denied December 10, 1998.
Released for Publication May
18, 1999.
CORE TERMS: decedent,
wrongful death, wrongful act, viable,
survivor,
statute of limitations,
wrongful death action, summary
judgment, wrongful
death statute, entitled
to maintain...
64.
Whitenhill v. Kaiser
Permanente, No. 96CA0552, COURT
OF APPEALS
OF COLORADO, DIVISION
FIVE, June 26, 1997, Decided, Released
for
Publication August 14,
1997.
CORE TERMS: decedent,
heir, deceased, spouse, husband
and wife,
moving party, wrongful
death action, common law, marriage,
married...
65.
TAKAYAMA v. KAISER FOUND.
HOSP., NO. 19237, SUPREME COURT
OF HAWAII, August 30,
1996, Decided, August 30, 1996,
FILED
CORE TERMS: laminotomy,
scan, film, fusion, spine, bone,
case-in-chief,
notches, rebuttal, spinal
canal...
66.
AGA v. HUNDAHL, NO.
17330, SUPREME COURT OF HAWAII, August
31, 1995, Decided, August
31, 1995, FILED
CORE TERMS: reporter,
HRAP Rule, entitled to recover,
photocopying,
prevailing party,
twenty-five, expedited, actually incurred,
notice of appeal,
set forth...
67.
AGA v. HUNDAHL, NO.
17330, SUPREME COURT OF HAWAII, March
24, 1995, Decided, March
24, 1995, FILED
CORE TERMS: legal cause,
bias, deposition, substantial
factor,
deposition testimony,
tortfeasor, peer review, fair trial,
reconsideration,
hallucinations...
68.
Ramey-Gillis v. Kaiser
Permanente, Pet. Docket No. 706,
September
Term, 1996, COURT OF
APPEALS OF MARYLAND, May 7, 1997,
Decided, Certiorari
Denied October 6, 1997
69.
Stokes v. Kaiser
Permanente, 67606, SUPREME COURT OF
NEW
YORK, APPELLATE DIVISION,
THIRD DEPARTMENT, November
10,
1993, Decided, November
10, 1993, Entered
70.
Allen v. Carolina
Permanente Med. Group, P.A., NO. COA99-1038,
COURT OF APPEALS OF NORTH
CAROLINA, May 16, 2000, Heard
In
the Court of Appeals,
August 1, 2000, Filed, As Corrected
August 7,
2000.
OVERVIEW: Judgment
affirmed because plaintiff could not
have
reasonably believed her
physician witness would qualify
as an expert
witness.
CORE TERMS: specialty,
expert witness, medical care,
qualify, general
practitioner, medicine,
clinical, certification, medical
malpractice,
specialize...
71.
Matos v. Kaiser
Permanente Hosp., NO. 77612, COURT OF
APPEALS
OF OHIO, EIGHTH APPELLATE
DISTRICT, CUYAHOGA COUNTY,
September 7, 2000, Date
of Announcement of Decision
OVERVIEW: Defendant's
motion for summary judgment was
granted
because plaintiff failed
to raise an issue of fact concerning
the elements
he had to prove to
establish defamation.
CORE TERMS: summary
judgment, stealing, slander, doctor,
deposition,
moving party, emergency
room, announcement, spreading,
genuine
issue of material fact...
72.
Blue Cross & Blue
Shield v. Permanente, NO. 65420,
COURT OF
APPEALS OF OHIO, EIGHTH
APPELLATE DISTRICT, CUYAHOGA
COUNTY, May 5, 1994,
Announced,
CORE TERMS:
plaintiff-appellant, defendant-appellee,
motion in limine,
preempted, de novo
review, state law, motion to reconsider,
expenses
incurred, coverage
73.
HARRIS-OFFUTT v. KAISER
PERMANENTE MED. CTR., NO. 47794,
COURT OF APPEALS OF OHIO,
EIGHTH APPELLATE DISTRICT,
CUYAHOGA COUNTY, February
28, 1985
CORE TERMS: terminable,
employment contract, permanent,
failure to
state a claim, permanent
employment, cause of action,
termination,
fulltime, at-will,
discharged...
74.
Garnett v. Kaiser
Permanente Medical Program, No. 37959*
PURSUANT
TO RULE 2(G) OF THE OHIO
SUPREME COURT RULES FOR THE
REPORTING OF OPINIONS,
UNPUBLISHED OPINIONS MAY BE CITED
SUBJECT TO CERTAIN
RESTRAINTS, LIMITATIONS, AND
EXCEPTIONS., Court of
Appeals of Ohio, Eighth Appellate
District,
Cuyahoga County, December
7, 1978
CORE TERMS: Civil Rule,
subpoena, assignment of error,
summary
judgment, supplemental,
supplemental pleading, protective
order, leave
to file, invalid,
assigned...
75.
Moore v. Kaiser
Permanente, Nos. A41885, S35420, SUPREME
COURT
OF OREGON, September 29,
1988, Filed
76.
ARTINDALE v. PERMANENTE
(In re Martindale), CA A102281,
COURT
OF APPEALS OF OREGON,
December 30, 1998, Argued or Submitted
on Briefs, February 3,
1999, Filed, DECISION WITHOUT
PUBLISHED
OPINION
77.
BENSON v. FELDSTEIN, CA
A93259, COURT OF APPEALS OF
OREGON, August 29, 1997,
Argued or submitted on briefs,
September
17, 1997, Filed
78.
Tenderella v. Kaiser
Permanente, CA A87175, COURT OF
APPEALS OF
OREGON, February 14,
1996, FILED
CORE TERMS: arbitrator,
reconsideration, signature, previous
decision,
neutral arbitrator,
formally, arbitration award, plaintiffs
filed, corrected
79.
Tenderella v. Kaiser
Permanente, CA A87175, COURT OF
APPEALS OF
OREGON, October 11, 1995,
Date argued or submitted on
briefs,
November 1, 1995, FILED,
Reconsideration Allowed February
14, 1996,
80.
EWING-SWEARINGEN v.
EMPLOYMENT DIV., CA No. A80537, COURT
OF APPEALS OF OREGON, May
6, 1994, Argued and submitted,
November 16, 1994,
Decided, November 16, 1994, Filed,
Petition for
Review Denied January 24,
1995 (320 Or 507).
CORE TERMS: claimant,
telephone, notice, good cause,
scheduled,
reopening, referee,
telephone number, reasonable control,
notice of
hearing...
81.
HARVEY v. EMPLOYMENT
DIV., CA A81740, COURT OF APPEALS
OF
OREGON, June 1, 1994,
Date argued or submitted on briefs,
June 15,
1994, FILED
82.
In re Compensation of
Strayer, CA No. A63964, COURT OF
APPEALS
OF OREGON, December 5,
1990, Date argued or submitted
on briefs,
January 9, 1991, Filed
83.
MOORE v. KAISER
PERMANENTE, CA No. A41885, COURT OF
APPEALS OF OREGON, July
27, 1987, Argued and submitted,
May 18,
1988, Reconsideration
Denied September 2, 1988. Petition
for Review
Denied September 29, 1988
(306 Or 661).
CORE TERMS: summary
judgment, admissible, causation,
willing to
testify, issues of
material fact, standard of care, qualified
expert, question
of fact, return to work,
aggravated...
84.
Sibley v. Kaiser Found.
Health Plan, No. 06-98-00157-CV,
COURT OF
APPEALS OF TEXAS, SIXTH
DISTRICT, TEXARKANA, August 11,
1999,
Submitted, August 12,
1999, Decided
OVERVIEW: Defendant
accused of employment discrimination
moved for
summary judgment after
disproving an essential element
of plaintiff's
cause; the burden shifted
to plaintiff, who failed to
raise an issue of fact
about the element negated.
CORE TERMS: summary
judgment, cause of action, outrageous,
termination, terminated,
duty, emotional distress, discharged,
pet, racial
discrimination...
85.
Dinkins
v. Dallas Pathology Assocs., No. 05-98-02104-CV,
COURT OF
APPEALS
OF TEXAS, FIFTH DISTRICT, DALLAS, April 22, 1999,
Opinion
Filed,
PURSUANT TO THE TEXAS RULES OF APPELLATE
PROCEDURE,
UNPUBLISHED OPINIONS SHALL NOT BE CITED AS
AUTHORITY
BY COUNSEL OR BY A COURT.
https://kaiserpapers.com/legalstuff/afterreform.html