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Personal Inj. Med. Malpractice | Alaska
USCA Order
MEMORANDUM of USCA as to 69 Notice of Appeal filed by United States of America. 25-4752: We affirm the district court's finding that Dr. Penberthy's conduct amounted to recklessness, not mere negligence. The district court applied the correct legal standard and based its finding of recklessness on that legal standard. We vacate the district court's awards of $4 million in noneconomic damages to A.E.N.T. and $1 million in noneconomic damages to A.E.N.T.s parents and remand with instructions that the district court reconsider the noneconomic damages awards in a manner consistent with this memorandum disposition. We vacate the district courts award of future economic damages and remand with instructions that the district court calculate a revised lump-sum award using the interest rates on long-term bonds. AFFIRMED IN PART; VACATED IN PART; REMANDED.(JRF, COURT STAFF)
P.I.: Other | Alaska
Response in Opposition to Motion
RESPONSE in Opposition re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant's Renewed Motion to Dismiss filed by Jinbo, LLC. (Hozubin, Rebecca)
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