LeeAnn Morgan v. Regents of the University of California, et al.
Privacy
Does the 7th Amendment provide for a jury trial in civil private matters between a private party and a state-funded medical institution?
QUESTION(S) PRESENTED 1. Does the 7th Amendment of the U.S. Constitution provide that a Jury Trial be held in civil private matters between a private party and a State-funded medical Institution? . 2. Does a Petition for Writ of Error Coram Nobis a long-held, common-law doctrine in California lie as a remedy for a plaintiffs recovery, for a trial Court to: a) Vacate a prior, erroneous judgment in a naively-filed medical “negligence” action, and b) To order a fairly-conducted jury trial, based upon newly discovered facts obtained long after the original action ended: facts which indicate that the matter falls under the various laws of: . 1) Concealed medical battery; 2) Fraud / fraudulent concealment; 3) Violations of the False Claims Act; 4) Violations of Unfair Competition Law; 5) Violations of Stark Anti-kickback Act; 6) Violations of several California Primary Rights during a surgery; 7) Violations of the Federal Food, Drug and Cosmetic Act; 8) Violations of the Declaration of Helsinki; 9) Violations of FDA and ICH regulations; and 10) Violations of the Nuremburg Code (concealed human experimentation)? : 3. Does California Code of Civil Procedure Section 657 also lie as a statutory remedy in the trial court for a plaintiff's recovery under the same medical ; battery fact pattern as in #2 above? Page 2 of 17