No. 24-689

Randal Jerome Dalavai, as Successor in Interest to Decedent Geetha Dalavai and son of Geetha Dalavai v. The Regents, et al.

Lower Court: Ninth Circuit
Docketed: 2024-12-30
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split emergency-medicine emtala hospital-liability medical-standard-of-care patient-rights
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2025-02-28
Question Presented (AI Summary)

Whether a hospital's obligation under EMTALA ends when the patient is admitted or requires full stabilization before release

Question Presented (from Petition)

Whether a hospit al’s obligation under the Emergency Medical Treatment & Labor Act (“EMTALA”) ends when the patient is admitted to the hospital, as the Ninth Circuit held here, or even if the hospital properly admitted the patient, it may not release a patient with an emergency medical con dition without first deter mining that the patient has actually stabilized, as at least two other Circuits have held. ii LIST OF PROCEEDINGS U.S. Court of Appeals for the Ninth Circuit No. 23-55412 Randal Jerome Dalavai, Successor in Inter est to ‘Decedent’ Geetha Dalavai and Son of Geetha Dalavai, Plaintiff -Appellant, v. The Regents; Et Al., Defendants -Appellees. Memorandum Opinion: August 16, 2024 _ U.S. Dis trict Court, S.D. California No. 22-cv-1992 Randal Jerome Dalavai, Plaintiff , v. The Regents, Et Al., Defendants. Final Order: April 5, 2023

Docket Entries

2025-03-03
Petition DENIED.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-01-23
Waiver of right of respondent The Regent of the University of California to respond filed.
2024-12-19
2024-10-31
Application (24A420) granted by Justice Kagan extending the time to file until December 31, 2024.
2024-10-25
Application (24A420) to extend the time to file a petition for a writ of certiorari from November 14, 2024 to December 31, 2024, submitted to Justice Kagan.

Attorneys

Randal Jerome Dalavai
Eric NelsonEric Nelson, Esq, Petitioner
Eric NelsonEric Nelson, Esq, Petitioner
The Regent of the University of California
Cassidy C. DavenportCole Pedroza, LLP, Respondent
Cassidy C. DavenportCole Pedroza, LLP, Respondent