Civil Procedure Keyed to Marcus
Palmer v. Hospital Authority of Randolph County
The claims raised against the Defendants are grounded in both federal and state law. The federal claims arise under the Federal Patient Anti-Dumping Act (“COBRA”), and the state law claims are based upon the Georgia Wrongful Death Act, the Georgia Medical Malpractice Act, the Georgia Hospital Care for Pregnant Women Act, and Georgia common law. Bates filed a Motion to Dismiss for lack of subject matter jurisdiction, asserting that COBRA did not provide a cause of action against treating physicians. The district court eventually dismissed both the federal claim as well as all state claims raised by the Plaintiff.
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