Tenth Circuit· 8/11/1999

Duplan v. United States

Citations

188 F.3d 1195
1999 Colo. J. C.A.R. 4796
1999 U.S. App. LEXIS 18688
1999 WL 603745

How courts have described this case

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

holding that an individual's status as a government employee for the purpose of the FTCA is a question of law
holding that a physician was an independent contractor despite being subject to hospital quality control regulations, record-keeping requirements, dress code, and office-hours
recognizing that “as a general rule, a premature ‘complaint cannot be cured through amendment’” but construing an amended complaint “as instituting a new action” anyway, based on equitable considerations (citing Sparrow v. USPS, 825 F. Supp. 252, 255 (E.D. Cal. 1993)
stating that the government requiring a contract doctor to “meet minimum qualifications” and conducting reviews of the doctor’s performance fails to establish an employer-employee relationship
concluding doctor at Air Force clinic was not a government employee but rather the employee of Med-National who contracted with the government to provide medical services at the clinic because (1
holding exhaustion requirement, under the Federal Tort Claims Act, cannot be cured in an amended complaint as it “would render the exhaustion requirement meaningless and impose an unnecessary burden on the judicial system”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seymour, Magill, Ebel

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Cited by

45 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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