Alexander, Irma v. Mount Sinai Hosp Med

U.S. Court of Appeals for the Seventh Circuit
Per Curiam

Alexander, Irma v. Mount Sinai Hosp Med

Opinion

In the

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 ____________________

May 2, 2007

Before

Hon. ILANA DIAMOND ROVNER, Circuit Judge

Hon. TERENCE T. EVANS, Circuit Judge

Hon. DIANE S. SYKES, Circuit Judge

No. 05-1823

IRMA ALEXANDER, Special, Appeal from the United States Administrator of the Estate of District Court for the Northern CHRISTEN CRUTCHER, deceased, District of Illinois, Eastern Division,

Plaintiff-Appellant,

v. No. 00 C 2907

MOUNT SINAI HOSPITAL MEDICAL Charles P. Kocoras, CENTER, SINAI HEALTH SYSTEM, Judge. d/b/a MOUNT SINAI HOSPITAL MEDICAL CENTER OF CHICAGO, SINAI MEDICAL GROUP, et al.,

Defendants-Appellees.

ORDER

Our opinion in the above captioned case, issued on April 24, 2007, is modified as follows:

1. On page 2, line 12, change "directed verdict" to "entry of judgment as a matter of law". Appeal no. 05-1823 Page 2

2. On page 14, section II, line 2, change "a directed verdict" to "judgment as a matter of law".

3. On page 19, last line, change "a directed verdict." to "judgment as a matter of law."

4. On page 20, section B, line 1, change "directed verdict" to "judgment entered".

5. On page 22, line 14, change "a directed verdict" to "judgment as a matter of law".

6. On page 23, in the sixth line of the first full paragraph, the phrase "directed the verdict" should be changed to "entered judgment as a matter of law".

7. On page 23, in line 11 of the first full paragraph, replace the passage beginning with "For a state law claim" and ending with the end of that paragraph, with the following:

We review de novo the district court's grant of judgment as a matter of law. Murray v. Chicago Transit Auth., 252 F.3d 880, 886 (7th Cir. 2001). See also Mayer v. Gary Partners & Co., Ltd., 29 F.3d 330, 334 (7th Cir. 1994) (holding that, in diversity cases, all standards of appellate review are governed by federal law). Under Rule 50, a court should grant judgment as a matter of law when a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue. Murray, 252 F.3d at 886. The standard for granting judgment as a matter of law mirrors the standard for granting summary judgment. Thus, we must view the evidence and all reasonable inferences drawn from that evidence in the light most favorable to the party against whom judgment was granted. Murray, 252 F.3d at 886-87.

8. On page 25, line 9, change "directed verdict" to "entry of judgment as a matter of law".

9. On page 25, line 12, change "direct the verdict" to "enter judgment".

9. On page 25, lines 25-26, change "a directed verdict" to "judgment as a matter of law".

SO ORDERED.

Reference

Status
Published