If you are unable to see this message, click here to view it in a web browser.

Justia Daily Opinion Summaries

Utah Supreme Court
February 17, 2020

Table of Contents

Ruiz v. Killebrew

Medical Malpractice

Are You a Lawyer? The Justia Lawyer Directory boasts over 1 million visits each month.

Click here to remove Verdict from subsequent Justia newsletter(s).

New on Verdict

Legal Analysis and Commentary

New York Sues the Trump Administration Over “Trusted Traveler” Eligibility

MICHAEL C. DORF

verdict post

Cornell law professor Michael C. Dorf comments on New York’s lawsuit against the federal government over the Department of Homeland Security’s decision to exclude New York residents from eligibility for Trusted Traveler programs. Dorf describes some of the interesting legal questions the lawsuit raises in terms of administrative law, judicial standing, and constitutional law.

Read More

Utah Supreme Court Opinions

Ruiz v. Killebrew

Citation: 2020 UT 6

Opinion Date: February 13, 2020

Judge: Himonas

Areas of Law: Medical Malpractice

The Supreme Court affirmed the judgment of the district court granting summary judgment for Defendants, a hospital and a midwife, holding that Plaintiff failed to produce expert evidence that created a genuine dispute of material fact as to the causation element of her medical malpractice claim. Thirteen years after her baby sustained brain damage during delivery, Plaintiff, as parent and natural guardian of her minor child, sued Defendants, alleging that the hospital's labor-and-delivery nurses and the midwife inadequately monitored Plaintiff's labor, which resulted in the child's hypoxic brain injury. The district court granted partial summary judgment for Defendants dismissing Plaintiff's claims for premajority medical expenses and then later dismissed Plaintiff's remaining negligence claims. The Supreme Court affirmed, holding that the district court properly found that Plaintiff failed to provide evidence that would establish the necessary causal link between the alleged breaches in standard of care and the supposed injury to the child.

Read Opinion

Are you a lawyer? Annotate this case.

About Justia Opinion Summaries

Justia Daily Opinion Summaries is a free service, with 68 different newsletters, covering every federal appellate court and the highest courts of all US states.

Justia also provides weekly practice area newsletters in 63 different practice areas.

All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com.

You may freely redistribute this email in whole.

About Justia

Justia is an online platform that provides the community with open access to the law, legal information, and lawyers.

Justia

Contact Us| Privacy Policy

Unsubscribe From This Newsletter

or
unsubscribe from all Justia newsletters immediately here.

Facebook Twitter LinkedIn Justia

Justia | 1380 Pear Ave #2B, Mountain View, CA 94043