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RODRIGUEZ v. CHRISTUS SPOHN HEALTH SYSTEM CORP.

No. 10-40371.

628 F.3d 731 (2010)

Susanna Hinojosa RODRIGUEZ, Plaintiff-Appellee, v. CHRISTUS SPOHN HEALTH SYSTEM CORPORATION: Christus Spohn Health System Corporation, doing business as Christus Spohn Hospital Corpus Christi-Memorial; Christus Health, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 23, 2010.

Attorney(s) appearing for the Case

Gay Ellen Gilson , Counsel (argued), Law Office of Gay E. Gilson, Corpus Christi, TX, Adriaan Tieleman Jansse , M.D., Jansse & Moore, P.L.L.C., San Antonio, TX, for Rodriguez.

Warren S. Huang (argued), David R. Iler , Fulbright & Jaworski, L.L.P., Houston, TX, for Defendants-Appellants.

Before REAVLEY, BENAVIDES and CLEMENT, Circuit Judges.

REAVLEY, Circuit Judge:

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi-Memorial, and CHRISTUS Health (collectively "CHRISTUS") appeal the district court's denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez's state law claims based on government immunity. The primary issue on appeal is whether Rodriguez's claims fall under the Texas Tort Claims Act. If so...

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