Legal Opinion

Kearney v. U.S. Healthcare, Inc.

District Court, E.D. Pennsylvania

Decided August 3, 1994No. Civ. A. 94-2625PublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM

WALDMAN, District Judge.

I. BACKGROUND

Plaintiff initiated this action in the Court of Common Pleas of Delaware County by summons on March 3, 1992. Defendant removed the action to this court where on June 2, 1992 the Honorable Clarence Newcomer remanded it to state court.

Plaintiff did not file a complaint in the Common Pleas Court until March 28, 1994. In that complaint, plaintiff asserts wrongful death and survival claims against defendant for negligence, misrepresentation and breach of contract, and for the malpractice of a physician in failing properly to diagnose and treat the…

2Cases cited31 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  5. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988

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3Cited by23 opinions

  1. Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/njCourt of Appeals for the Third Circuit · 1995
  2. Villazon v. Prudential Health Care Plan, Inc.Supreme Court of Florida · 2003
  3. Lancaster Ex Rel. Lancaster v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.District Court, E.D. Virginia · 1997
  4. Hinterlong v. BaldwinAppellate Court of Illinois · 1999
  5. Lisa Roach v. Mail Handlers Benefit Plan, Cna, and Access Health, Inc.Court of Appeals for the Ninth Circuit · 2002

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