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Patricia Morrison v. Quest Diagnostics Inc., et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17050 · judgment October 3, 2017
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Since 1990, Nevada State Athletic Commission rule: NAG 467.027 Section 3. requires". . .an original . or certified copy of the results of medical tests which: Section 3(b): "show that the applicant or unarmed combatant is not infected with the human immunodeficiency virus." In 2016, QUEST Diagnostics Inc., confessed in court, for the first time, its 'laboratory reports' do not confirm the presence of the human immunodeficiency virus (Hrv"), and are not a diagnosis of any disease, and cannot be used for treatment. The District Court held: 'We wouldn't be having this discussion if the test was specific for the existence of the virus or not that's obviously why there's even the possibility of a claim, the tests didn't test for the virus." Respondents QUEST then presented more of their 'clinical laboratory reports', now as a diagnosis and for treatment between 1996 and 2013, invoking the 'continuous course of treatment doctrine' as it relates to the QUEST '1996 laboratory report' used to end TOMMY's boxing career. On September 17th, 2013, TOMMY's postmortem investigation reported a Final Diagnosis that TOMMY did not have "HIV". On July 24th, 2014, this action was filed. This case presents 3 questions of great practical significance regarding the scope of the Fraudulent Concealment Doctrine, Continuous Course of Treatment Doctrine, and the Discovery Rule. The 3 Questions Presented raise pressing issues of national importance: 1. Whether the American Disabilities Act of 1990 preempts NAG 467.027 that singles out athletes by requiring, and relying, on QUEST
Counsel of record
For petitioner
Patricia Morrison
For respondent
Delores Faye Caldwell
Caldwell Everson PLLC
Case
Conference history
Distributed for 2 conferences
Proceedings
- Nov 19 2018Rehearing DENIED.
- Oct 31 2018DISTRIBUTED for Conference of 11/16/2018.
- Oct 23 2018Petition for Rehearing filed.
- Oct 01 2018Petition DENIED.
- Jun 27 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 20 2018Reply of petitioner Patricia Morrison filed.
- Jun 11 2018Brief of respondents Quest Diagnostics Incorporated and John Hiatt in opposition filed.
- May 29 2018Waiver of right of respondent Nevada State Athletic Commission, et al. to respond filed.
- May 07 2018Petition for a writ of certiorari filed. (Response due June 11, 2018)