Legal Opinion

Susan Clark v. K-Mart Corporation

Court of Appeals for the Third Circuit

Decided November 17, 1992No. 91-3723PublishedCited by 66 opinions

1Opinion of the Court

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal, K-Mart challenges first, the propriety of a preliminary injunction which enjoined it from denying coverage for plaintiff’s high-dose chemotherapy with autologous bone marrow transplant procedure, and second, the amount of the injunction bond. Because both issues are moot, we will dismiss the appeal.

I

Susan Clark- was diagnosed as having metastatic breast cancer. Her oncologist, Dr. Jeffrey E. Shogan, recommended that she receive high dose chemotherapy with autologous bone marrow transplant (“HDCT-ABMT”). Compared to conventional…

2Cases cited10 opinions

  1. University of Texas v. CamenischSupreme Court of the United States · 1981
  2. Honig v. DoeSupreme Court of the United States · 1988
  3. In Re Capital Cities/abc, Inc.'s Application for Access to Sealed Transcripts. Appeal of Capital Cities/abc, IncCourt of Appeals for the Third Circuit · 1990
  4. Klein v. CalifanoCourt of Appeals for the Third Circuit · 1978
  5. Brody v. SpangCourt of Appeals for the Third Circuit · 1992

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3Cited by66 opinions

  1. Moore v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2006
  2. Sutton v. RasheedCourt of Appeals for the Third Circuit · 2003
  3. Rio Grande Silvery Minnow v. Bureau of ReclamationCourt of Appeals for the Tenth Circuit · 2010
  4. Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River, New Jersey v. Lawrence E. Bathgate, II Novasau Associates, a New Jersey Limited Partnership New Nas, Inc. T. Pamela Bathgate 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership Airport Associates, a New Jersey Partnership Gerald A. Gura the Club at West Deptford, a Limited Partnership, a New Jersey Limited Partnership State of New Jersey Columbia Savings and Loan Association Asset Recovery Management, Inc. William Bowman Associates, Inc. National Westminster Bank Nj, Successor to First Jersey National Bank/south. Lawrence E. Bathgate, II Novasau Associates New Nas, Inc. 54 Buena Vista Associates, a New Jersey Limited Partnership Tuscol Development, Inc., a New Jersey Corporation Old Monmouth Associates, a New Jersey Partnership, Third-Party v. William Barlow John C. Fellows, Jr. Ebert L. Hall Joseph P. Iaria David E. Johnson, Jr. Irene F. Kramer Jacqueline F. Pappas John F. Russo Leonard G. Lomell Office of the Comptroller of the Currency John McDougal Third-Party Federal Deposit Insurance Corporation, as Receiver for the First National Bank of Toms River v. Nla Associates Limited Partnership, a New Jersey Limited Partnership Lgp-I Limited Partnership, a New Jersey Limited Partnership Lgp-I Capital Corp., a New Jersey Corporation New Nas, Inc. Lawrence E. Bathgate, II Alan B. Landis Novasau Associates, a Limited Partnership, a New Jersey Limited Partnership. Lawrence Bathgate, II Novasau Associates, Limited Partnership New Nas, Inc. 54 Buena Vista Associates Tuscol Development, Inc. And Old Monmouth Associates (The Bathgate Defendants)Court of Appeals for the First Circuit · 1994
  5. Richard H. Heasley, Sr. And Doris G. Heasley v. Belden & Blake CorporationCourt of Appeals for the Third Circuit · 1993

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