Legal Opinion

Brown v. Baeke

Court of Appeals for the Tenth Circuit

Decided June 23, 2005No. 04-3326PublishedCited by 80 opinions

1Opinion of the Court

BRISCOE, Circuit Judge.

This appeal 1 arises from a diversity medical malpractice action that was assigned by consent of the parties to a magistrate judge. See 28 U.S.C. § 686(c). After plaintiffs lost one expert standard-of-care witness due to a conflict problem, defendant Baeke filed motions to (1) strike plaintiffs’ remaining standard-of-care witness, who did not have the requisite level of recent clinical practice, and then (2) grant summary judgment against plaintiffs for lack of an expert witness required by Kan. Stat. Ann. § 60-3412. Plaintiffs conceded the grounds for the motion to…

2Cases cited20 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
  3. Mobley v. MccormickCourt of Appeals for the Tenth Circuit · 1994
  4. Karin Sofia Ohlander, in the Matter of Julia Larson, a Minor Child, F/k/a Karin Sofia Larson v. Mark Andrew LarsonCourt of Appeals for the Tenth Circuit · 1997
  5. James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.Court of Appeals for the Ninth Circuit · 1982

15 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

  1. Baca v. BerryCourt of Appeals for the Tenth Circuit · 2015
  2. Thatcher v. Hanover Insurance Group, Inc.Court of Appeals for the Eighth Circuit · 2011
  3. Frank v. Crawley Petroleum Corp.Court of Appeals for the Tenth Circuit · 2021
  4. Colón Cabrera v. Esso Standard Oil Co. (Puerto Rico), Inc.Court of Appeals for the First Circuit · 2013
  5. In Re VaronaUnited States Bankruptcy Court, E.D. Virginia · 2008

75 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API