Legal Opinion

Duplan v. United States

Court of Appeals for the Tenth Circuit

Decided August 11, 1999No. 97-6344, 97-6348PublishedCited by 108 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

This appeal concerns a wrongful birth, medical malpractice action brought by Michael and Roseanne Duplan under the Federal Tort Claims Act for treatment provided to Mrs. Duplan at an Air Force clinic. The district court, after a bench trial, found in favor of the Duplans and awarded them more than $3 million in damages. The United States appeals the district court’s determinations that (1) Dr. Clio Harper, the contract doctor who treated Mrs. Duplan, was a governmental employee and (2) the court was without power to impose a trust for the benefit of the Duplans’ child,…

2Cases cited14 opinions

  1. McNeil v. United StatesSupreme Court of the United States · 1993
  2. Raymond Lurch v. United States of America, Defendant-Third Party v. The Regents of the University of New Mexico and Ralph Kaplan, Third PartyCourt of Appeals for the Third Circuit · 1983
  3. John G. Robb v. United StatesCourt of Appeals for the Fourth Circuit · 1996
  4. Russell B. Tafoya and Lydia Tafoya v. U.S. Department of Justice, Law Enforcement Assistance AdministrationCourt of Appeals for the Tenth Circuit · 1984
  5. Dean W. Lilly v. Paul R. Fieldstone, M.D., and United States of AmericaCourt of Appeals for the Tenth Circuit · 1989

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

3Cited by108 opinions

  1. Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  2. Limone v. United StatesCourt of Appeals for the First Circuit · 2009
  3. Elliott Industries Ltd. Partnership v. BP America Production Co.Court of Appeals for the Tenth Circuit · 2005
  4. Bravo v. United StatesCourt of Appeals for the Eleventh Circuit · 2008
  5. Wanjiku v. Johnson CountyDistrict Court, D. Kansas · 2016

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

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