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- cod;;1:16-cv-02723_de177 RegisterActionDate "2020-08-11" @default.
- cod;;1:16-cv-02723_de177 RegisterActionDescriptionText "MINUTE ORDER re: 174 Letter, 175 Notice, 176 Response and 177 Response. The Court has reviewed the letters at ECF Nos. 174-177. It appears that there is a reasonable possibility that summary judgment motions could be meritorious, depending on the facts concerning a particular patient. Although I cannot know until I review the evidence submitted for and against the motions for summary judgment, the issue left to the Court by the Tenth Circuit is quite simple as I see it: as to each plaintiff, if there was not an express contract, then do the facts applicable to that patient create a contract implied in fact? It is no surprise that the family of an injured person who has a serious, maybe life-threatening injury would be focused immediately on whatever it takes to get the person the care he or she needed, not at that moment on the cost. That does not, however, answer the question whether there was a contract implied in fact as to a particular patient to pay whatever the provider decided to charge. The Court does not have the prerogative to imply a "reasonable" charge. If there was no express contract or contract implied in fact to pay the charge levied by the provider, then one must wonder where that leaves the parties. But, the Court (and if there is a genuine and material fact dispute, the trier of fact) can only answer the question framed by the Tenth Circuit as to each patient, and the chips will fall as they may. By Judge R. Brooke Jackson on 8/11/2020. Text Only Entry (rbjsec. ) (Entered: 08/11/2020)" @default.
- cod;;1:16-cv-02723_de177 AdministrativeID "178" @default.
- cod;;1:16-cv-02723_de177 OntologyLabel order @default.
- cod;;1:16-cv-02723_de177 hasReferenceToOtherEntry cod;;1:16-cv-02723_de173 @default.
- cod;;1:16-cv-02723_de177 hasReferenceToOtherEntry cod;;1:16-cv-02723_de174 @default.
- cod;;1:16-cv-02723_de177 hasReferenceToOtherEntry cod;;1:16-cv-02723_de175 @default.
- cod;;1:16-cv-02723_de177 hasReferenceToOtherEntry cod;;1:16-cv-02723_de176 @default.