HESS v. A.I. duPONT HOSPITAL FOR CHILDREN et al
| MARK AARON HESS |
| A.I. duPONT HOSPITAL FOR CHILDREN, NEMOURS FOUNDATION, WILLIAM I. NORWOOD, JOHN MURPHY, NuMED, INC., ALLAN J. TOWER and NEMOURS DE INSTITUTIONAL REVIEW BOARD |
| 2:2008cv00229 |
| January 11, 2008 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| R. BARCLAY SURRICK |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
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Filing
51
ORDER THAT THE COURT'S MEMORANDUM AND ORDER OF MARCH 5, 2009 IS CERTIFIED FOR INTERLOCUTORY APPEAL PURSUANT TO 28 U.S.C. 1292(b). THE FOLLOWING CONTROLLING QUESTIONS OF LAW OUTLINED HEREIN ARE HEREBY CERTIFIED TO THE UNITED STATES COURT OF APPEA LS FOR THE THIRD CIRCUIT. THERE HAVING BEEN A FINAL DETERMINATION ON THE MERITS AS TO COUNT I. COUNT II, COUNT III, COUNT IV, AND COUNT V, AND THERE BEING NO JUST REASON FOR DELAY, THE CLERK IS DIRECTED TO ENTER FINAL JUDGMENT RENDERED ON THOSE CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b). SIGNED BY HONORABLE R. BARCLAY SURRICK ON 8/28/09. 8/31/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah)
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Filing
43
MEMORANDUM AND ORDER THAT THE MOTION OF DEFENDANT WILLIAM I. NORWOOD, M.D., PH.D., FOR SUMMARY JUDGMENT IS GRANTED AS TO ALL CLAIMS EXCEPT THE CLAIM FOR MEDICAL MONITORING. THE MOTION FOR PARTIAL SUMMARY JUDGMENT TO DISMISS THE FIRST CAUSE OF ACTION AND TO DISMISS COUNT II OF THE COMPLAINT IS GRANTED. THE JOINT MOTION OF DEFENDANTS FOR SUMMARY JUDGMENT OR ALTERNATIVELY FOR PARTIAL SUMMARY JUDGMENT ON MEDICAL MONITORING CLAIM SET FORTH IN COUNT VI IS DENIED. THE INSTITUTIONAL DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 3/5/09. 3/6/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah)
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