Legal Opinion

Urban v. King

District Court, D. Kansas

Decided January 7, 1992No. Civ. A. 91-2317-VPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

Defendant Jay S. Shukman, M.D., has moved the court (Doc. 19) to dismiss plaintiffs’ complaint for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). However, the motion to dismiss is actually one for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and the court will consider it as such. For the reasons stated below, the motion is granted in part and denied in part.

This is an action for personal injuries that plaintiff infants and plaintiff parents allegedly suffered during the infants’ birth. Plaintiffs…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Swanson v. BixlerCourt of Appeals for the Tenth Circuit · 1984
  4. Gatewood v. Washington Healthcare Corp.Court of Appeals for the D.C. Circuit · 1991
  5. Cleland v. Bronson Health Care Group, Inc.Court of Appeals for the Sixth Circuit · 1990

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3Cited by9 opinions

  1. Jerry Palmer v. Hospital Authority Of Randolph CountyCourt of Appeals for the Eleventh Circuit · 1994
  2. Power v. Arlington HospitalDistrict Court, E.D. Virginia · 1992
  3. Hand v. Tavera, Texas Court of Appeals, 4th District (San Antonio)1993
  4. Richardson Ex Rel. Rogers v. Southwest Mississippi Regional Medical CenterDistrict Court, S.D. Mississippi · 1992
  5. Palmer v. Hospital AuthorityCourt of Appeals for the Eleventh Circuit · 1994

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