Ingeborg Schleier, Personal Representative of the Estate of Shedd H. Smith, Deceased v. Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc.

How courts have described this case

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

• holding an HMO vicariously liable for the negligence of an independent-contractor physician by applying the traditional test for whether a “master-servant” relationship existed
• holding an HMO vicariously liable for the negligence of an independent-contractor physician by applying the traditional test for whether a “master-servant” relationship existed
• providing that instructing a jury on the question of income taxation of damages is substantive, not procedural and thereby governed by state or, in this case, D.C. law
• “Although the Rules of Decision Act, and hence Erie R.R. v. Tompkins [304 U.S. 64 (1938
• “Due to the ample testimony regarding Smith’s employment history and background, we do not find that the district judge abused his discretion in not requiring expert testimony to prove lost future wages.”
• “Although the Rules of Decision Act, and hence Erie Railroad v. Tompkins, do not strictly apply with respect to D.C. law, we apply D.C.’s substantive law analogously for reasons of uniformity and respect for the D.C. Court of Appeals.”

Source: CourtListener parenthetical corpus (CC0).