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14-122 - Appalachian Regional Healthcare, Inc. v. U.S. Nursing Corporation


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14-122 - Appalachian Regional Healthcare, Inc. v. U.S. Nursing Corporation
November 18, 2014
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MEMORANDUM OPINION AND ORDER: (1) Dft's motion to dismiss, R. 16, is GRANTED. (2) Pla's motions for reconsideration, R. 23, a hearing, R. 26, and leave to file a sur-reply, R. 26, are DENIED AS MOOT. (3) This matter is STRICKEN from Court's active docket. Signed by Judge Amul R. Thapar on 11/18/2014. (RCB)cc: COR
March 12, 2015
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MEMORANDUM OPINION & ORDER: ARH's motion to alter or amend judgment, R. 31, is DENIED. Signed by Judge Amul R. Thapar on 3/12/2015. (TDA) cc: COR
May 4, 2018
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OPINION AND ORDER: 1) U.S. Nursing's motion for summary judgment 190 on Appalachian's contractual indemnity claim (Count II) is DENIED; 2) U.S. Nursing's motion for summary judgment 191 is GRANTED in part and DENIED in part as follows: a. The motion is GRANTED as to Appalachian's claim for breach of duty of good faith and fair dealing in procuring insurance (Count III) and that claim is DISMISSED; and b. The motion is DENIED as to Appalachian's claim for breach of duty to defend (Count I). Signed by Judge Karen K. Caldwell on 5/4/2018. (RCB)cc: COR
May 7, 2018
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OPINION AND ORDER: 1) Appalachian's motion to exclude certain testimony of Dr. Eckerline 186 is GRANTED in part and DENIED in part as follows: A. testimony by Dr. Eckerline that Nurse Foote was not the nurse who moved Profitt into emergency room is EXCLUDED; B. Any testimony by Dr. Eckerline that Nurse Foote's name nor initials appear in Profitt's medical is EXCLUDED and parties SHALL ENTER into a stipulation on this issue; 2) Appalachian's motion to exclude certain testimony of Dr. Tibbs 187 is GRANTED as follows: A. testimony by Dr. Tibbs that moving Profitt into emergeny room from pickup truck did not cause Profitt to suffer secondary injury is EXCLUDED; B. testimony by Dr. Tibbs that Nurse Foote was not the nurse who moved Profitt into emergency room is EXCLUDED and C. testimony by Dr. Tibbs that Nurse Foote's name nor initials appear in Profitt's medical record is EXCLUDED. As discussed, parties will stipulate to this fact. Signed by Judge Karen K. Caldwell on 5/7/2018. (RCB)cc: COR Modified text on 5/7/2018 (RCB).
May 7, 2018
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OPINION AND ORDER: U.S. Nursing's motion to exclude testimony of Dr. Knight and Nurse Smith 192 is DENIED. Signed by Judge Karen K. Caldwell on 5/7/2018. (RCB)cc: COR
May 8, 2018
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OPINION AND ORDER: U.S. Nursing's motion to exclude certain testimony by Appalachian expert Houlihan 193 is DENIED. Signed by Judge Karen K. Caldwell on 5/8/2018. (RCB)cc: COR
May 9, 2018
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OPINION AND ORDER: Appalachian's motion to exclude 188 certain opinions of Justice Lambert will be GRANTED in part and DENIED in part as follows: 1) any testimony that U.S. Nursing did not breach its duty to defend Appalachian is EXCLUDED; 2) Justice Lambert's testimony regarding strength of the evidence against Nurse Foote is admitted solely to extent necessary to explain his opinion that settlement was not reasonable and will be limited accordingly; 3) Justice Lambert's opinion that settlement was "entirely self-serving and unreasonable" and "driven by a desire to solely protect" Appalachian is EXCLUDED; 4) Justice Lambert may testify that any verdict against Appalachian based on Nurse Foote's any opinions not disclosed in his report or deposition is DENIED as premature. Signed by Judge Karen K. Caldwell on 5/9/2018. (RCB)cc: CORconduct would likely have been reversed because of insufficient evidence that moving Profitt from truck to emergency room caused him to suffer any secondary injury; and 5) Appalachian's motion to exclude Justice Lambert from testifying as to
May 23, 2018
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ed Profitt into emergency room was a fourth unidentified female, it will be precluded from making that argument to jury. Signed by Judge Karen K. Caldwell on 5/23/2018. (RCB)cc: COROPINION AND ORDER: Appalachian's motion 239 to preclude testimony and argument that Nurses Hurt or Parsons moved Profitt is GRANTED and all such testimony is EXCLUDED. In addition, unless U.S. Nursing presents evidence that the person who mov
May 23, 2018
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OPINION AND ORDER: re Appalachian Regional Healthcare, Inc.'s motion to clarify 299 this Court's order that the trial be conducted in two phases. Court hereby ORDERS the motion is GRANTED. A clarification is provided below (See Order). Signed by Judge Karen K. Caldwell on 5/23/2018.(RCB)cc: COR
May 24, 2018
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OPINION AND ORDER: Court now addresses various motions in limine and certain other motions filed by parties in preparation for trial. The Court's rulings are presented in attached chart re 188, 226, 227, 228, 229, 230, 231, 232, 233, 235, 236, 237, 238, 240, 243, 244, 246, 247, 248, 288, 292. Signed by Judge Karen K. Caldwell on 5/24/2018. (Attachments: # (1) Chart Addressing Court's Rulings) (RCB)cc: COR Modified text on 5/25/2018 (RCB).
May 25, 2018
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OPINION AND ORDER: the objections (DE 178) are OVERRULED. Signed by Judge Karen K. Caldwell on 5/25/2018. (RCB)cc: COR
July 2, 2018
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OPINION AND ORDER: U.S. Nursing's 315 motion to reconsider Court's May 23, 2018 ruling 306 is DENIED. Signed by Judge Karen K. Caldwell on 7/2/2018. (RCB)cc: COR