Logourl black
From our private database of 13,800+ case briefs...

Ager v. Jane C. Stormont Hospital and Training School for Nurses

United States Court of Appeals for the Tenth Circuit
622 F.2d 496 (1980)


Facts

Emily Ager (plaintiff) was born at the Stormont Hospital (defendant). While Ager was being born, her mother’s uterine wall ruptured, causing a loss of blood that resulted in Ager suffering fetal asphyxia. As a result, Ager is a quadriplegic and suffers from severe developmental disabilities. Ager, through her attorney Lynn R. Johnson, sued the hospital. During the course of litigation, the hospital served interrogatories seeking to learn the identities and opinions rendered by experts who were informally consulted and not retained as well as those who were retained but not designated to testify. Johnson refused to turn over this information even after the federal magistrate judge issued an order to compel. Johnson eventually appealed to the district court judge who ordered Johnson to comply with the interrogatories. When Johnson did not, the district court judge issued a civil contempt order. Johnson appealed the order to the court of appeals.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Barrett, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.