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BLUMBERGER v. TILLEY

No. 22-56032.

115 F.4th 1113 (2024)

Raizel BLUMBERGER, Plaintiff-Appellee, v. Ian B. TILLEY, M.D., Defendant-Appellant, and California Hospital Medical Center; Dignity Health; Does, 1 through 6 and 7 through 50, Defendants, v. United States of America, Movant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2024.

Attorney(s) appearing for the Case

Matthew S. Freedus (argued), Rosie D. Griffin, and Brendan M. Tyler, Feldesman Leifer LLP, Washington, D.C., for Defendants-Appellants.

Samuel J. Winokur (argued) and Barry B. Novack, Law Offices of Barry Novack, Beverly Hills, California, for Plaintiff-Appellee.

Kevin B. Soter (argued), Dana Kaersvang and Mark B. Stern, Appellate Staff Attorneys, Civil Division; E. Martin Estrada, United States Attorney; Brian M. Boynton, Principal Deputy Assistant Attorney; United States Department of Justice, Washington, D.C.; Ryan C. Chapman, Assistant United States Attorney, Office of the United States Attorney, Los Angeles, California; for Movant-Appellee.

Partial Dissent by Judge Desai

OPINION

The ultimate issue in this case is simple enough: We are asked to decide whether Plaintiff-Appellee Raizel Blumberger's medical malpractice suit against Defendant-Appellant Dr. Ian Tilley was—or should have been—removed to federal court. Having said that, everything else gets pretty complicated...

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