Legal Opinion

Sherman Simon, Jr., Individually and as Next Friend of His Minor Children, Peter Darnell Simon and Keenan Simon, Etc. v. United States

Court of Appeals for the Fifth Circuit

Decided January 16, 1990No. 88-2141PublishedCited by 468 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

A judgment for $1,061,656.01 was entered against the United States under the Federal Tort Claims Act in a suit for medical malpractice brought by the family of a patient who died after surgery at an Army hospital in Louisiana. The United States filed a motion to alter or amend the judgment, claiming that the Louisiana Medical Malpractice Act, which limits to $500,000 the damages that can be recovered for medical malpractice, applies to suits against the United States under the Federal Tort Claims Act. The United States appeals from the judgment and the district…

2Cases cited15 opinions

  1. Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.Supreme Court of the United States · 1955
  2. Federal Deposit Insurance Corporation, in Its Corporate Capacity v. George C. Meyer, Margaret Meyer & Edwin A. MeyerCourt of Appeals for the Seventh Circuit · 1986
  3. Everett v. GoldmanSupreme Court of Louisiana · 1978
  4. Sibley v. Bd. of Sup'rs of Louisiana State UniversitySupreme Court of Louisiana · 1985
  5. Richard Lucas v. United States of America, Richard Lucas, Cross-Appellees v. United States of America, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1986

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3Cited by468 opinions

  1. Turner v. Baylor Richardson Medical CenterCourt of Appeals for the Fifth Circuit · 2007
  2. Templet v. Hydrochem Inc.Court of Appeals for the Fifth Circuit · 2004
  3. Pacific Insurance Company v. American National Fire Insurance Company, Rail Link, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
  4. Schiller v. Physicians Resource Group Inc.Court of Appeals for the Fifth Circuit · 2003
  5. Rosenzweig v. Azurix Corp.Court of Appeals for the Fifth Circuit · 2003

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

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