Debbas v. Nelson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• material fact is one that, depending how it is decided, will affect the outcome of the case
• “[T]he requirement of [the Certificate] ... was intended to eliminate excessive damages and reduce the frequency of claims, and ... has been considered as serving a gatekeeping function.”
• whether hospital was vicariously liable for negligence of physicians under theory of apparent authority was question for jury to resolve due to dispute of material facts
• “In reviewing the underlying grant of a motion to dismiss, we must assume the truth of the well-pleaded factual allegations of the complaint, including the reasonable inferences that may be drawn from those allegations.”
• “In reviewing the underlying grant of a motion to dismiss, we must assume the truth of the well-pleaded factual allegations of the complaint, including the reasonable inferences that may be drawn from those allegations.”
• discussing in detail the history of the Act

Source: CourtListener parenthetical corpus (CC0).