In this diversity case, HealthEast Bethesda Hospital (“HealthEast”) sued United Commercial Travelers of America (“UCT”) for breach of an insurance settlement contract. The district court granted summary judgment to HealthEast. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. ...   MORE>>

Salvatore Fazio was indicted for transportation and possession of child pornography and being a felon in possession of a firearm. After the district court determined Fazio was incompetent to assist in his own defense, the prosecution brought a motion pursuant to Sell v. United States, 539 U.S. 166 (...   MORE>>

This is the latest installment in a long-running series of cases concerning an incentive that Congress established for companies to bring “generic” versions of branded drugs to market faster than they otherwise might. Teva Pharmaceuticals USA, Inc., a manufacturer of generics, has received tenta...   MORE>>

Thomas L. Creel brought a medical malpractice action against Dr. Lloyd F. Mercer and the United States arising from Creel’s treatment at the G.V. Montgomery Veterans Affairs Medical Center (VAMC) in Jackson, Mississippi. The district court dismissed Creel’s claims against Mercer, concluding that...   MORE>>

The central question raised by this appeal is whether a Georgia legislative scheme governing statutes of limitations for tort claims in medical malpractice is rationally related to the state’s interest in providing for the health and welfare of its citizens. The district court struck down, under t...   MORE>>

Plaintiff Norberto Perez Arocho brought this prison civil rights action alleging that he was being denied recommended treatment for a Hepatitis C infection damaging his liver and causing him pain. The district court adopted the magistrate judge’s recommendation to dismiss the case at the pleading ...   MORE>>

Alena Denton applied for disability benefits for the two-year period between April 2004 and March 2006, claiming that she could not work because of fibromyalgia, hypothyroidism, and depression. According to Denton’s treating physician, Denton could not work because she could lift and carry less th...   MORE>>

Theresa Phillips appeals her conviction for defrauding the Medicare program, in violation of 18 U.S.C. §§ 2 and 1347. She claims that the district court erred by admitting a redacted audio recording of her conversation with undercover investigators after the government failed to provide her an unr...   MORE>>

On the scheduled trial date, which had been set only six days earlier, the district court, acting sua sponte, dismissed this case with prejudice "for lack of prosecution based on the plaintiffs' non-compliance with discovery deadlines," particularly their failure to produce a medical expert report. ...   MORE>>

The dispute in this case arises from Pro-Med Clinical Systems, LLC’s (“Pro-Med”) use of Pro-Med Maximus, paper templates designed to capture a physician-patient encounter, and the electronic version of that product developed by Pro-Med. Utopia Provider Systems, Inc. (“Utopia”) alleges that...   MORE>>