Legal Opinion

Perkins Ex Rel. Miles v. United States

District Court, E.D. Texas

Decided January 11, 1995No. 2:94cv26PublishedCited by 9 opinions

1Opinion of the Court

ORDER

STEGER, District Judge.

On this day came on to be considered Defendant’s Motion to Revise Docket Control Order (docket number 33) and Plaintiffs Motion to Quash Depositions. After careful consideration, the Court is of the opinion that the following order should issue.

The question is whether in a personal injury suit a defense lawyer may contact ex parte a plaintiffs non-party treating physician without the plaintiffs authorization. The answer is no.

Ms. Perkins sued the United States under the Federal Tort Claims Act for injuries she and her daughter, Milocy Miles, suffered when their car…

2Cases cited29 opinions

  1. Agnew v. ParksCalifornia Court of Appeal · 1959
  2. R.K. v. RamirezTexas Supreme Court · 1994
  3. Crist v. MoffattSupreme Court of North Carolina · 1990
  4. Dr. Finn F. L'Orange v. The Medical Protective CompanyCourt of Appeals for the Sixth Circuit · 1968
  5. Roosevelt Hotel Ltd. Partnership v. SweeneySupreme Court of Iowa · 1986

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3Cited by9 opinions

  1. James v. KloosCourt of Appeals of Texas · 2002
  2. Sorensen v. BarbutoUtah Supreme Court · 2008
  3. Durst v. Hill Country Memorial Hospital, Texas Court of Appeals, 4th District (San Antonio)2001
  4. Galarza v. United StatesDistrict Court, S.D. California · 1998
  5. Rios v. Texas Department of Mental Health & Mental RetardationCourt of Appeals of Texas · 2001

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

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