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Randal Jerome Dalavai, as Successor in Interest to Decedent Geetha Dalavai and son of Geetha Dalavai v. The Regents, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-55412 · judgment August 16, 2024


Certiorari denied · March 3, 2025
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Whether a hospital’s obligation under the Emergency Medical Treatment & Labor Act (“EMTALA”) ends when the patient is admitted to the hospital, as the Ninth Circuit held here, or even if the hospital properly admitted the patient, it may not release a patient with an emergency medical condition without first determining that the patient has actually stabilized, as at least two other Circuits have held.

Counsel of record

For petitioner
Eric Nelson
Eric Nelson, Esq

For respondent
Cassidy C. Davenport
Cole Pedroza, LLP

Case

Conference history
Distributed for 1 conference

Linked docket
24A420

Proceedings

  1. Mar 03 2025
    Petition DENIED.
  2. Feb 12 2025
    DISTRIBUTED for Conference of 2/28/2025.
  3. Jan 23 2025
    Waiver of right of respondent The Regent of the University of California to respond filed.
  4. Dec 19 2024
    Petition for a writ of certiorari filed. (Response due January 29, 2025)
  5. Oct 31 2024
    Application (24A420) granted by Justice Kagan extending the time to file until December 31, 2024.
  6. Oct 25 2024
    Application (24A420) to extend the time to file a petition for a writ of certiorari from November 14, 2024 to December 31, 2024, submitted to Justice Kagan.