Legal Opinion
Power v. Arlington Hospital
District Court, E.D. Virginia
Decided August 28, 1992No. Civ. A. 92-0005-APublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
This federal “patient dumping” 1 action is brought pursuant to the Emergency Medical Treatment & Active Labor Act of 1986, 42 U.S.C. § 1395dd et seq. (1988), as amended (“EMTALA”). 2 Two questions, both novel in this circuit, are presented by the parties’ cross-motions in limine. They are:(1) Are damages recoverable by a plaintiff in a federal “patient dumping” action against a participating hospital limited by Virginia’s one million dollar medical malpractice damages cap, Va.Code § 8.01-581.15?(2) Are damages recoverable by a plaintiff in a federal…
2Cases cited28 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
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3Cited by17 opinions
- Spradlin v. Acadia-St. Landry Med. Found.Supreme Court of Louisiana · 2000
- Power v. Arlington Hospital Ass'nCourt of Appeals for the Fourth Circuit · 1994
- Chester O. Draper, Personal Representative of the Estate of Ilene Draper, Deceased v. Robert Chiapuzio, M.D., and Harney County, Oregon, a Public BodyCourt of Appeals for the Ninth Circuit · 1993
- Power v. Arlington Hospital AssociationCourt of Appeals for the Fourth Circuit · 1994
- Griffith v. Mt. Carmel Medical CenterDistrict Court, D. Kansas · 1993
12 more not listed; retrieve them via the Exa API.