LOONEY v. MOORE

15-13979 No. 15-13979.

861 F.3d 1303 (2017)

Billy Ryan LOONEY, etc., et al., Plaintiffs, Christian Lewis, by and through his parents, Bernita Lewis and Earnest Thomas, Dreshan Collins, by and through his mother, Sharrissa Cook, Jaylen Malone, by and through his mother, Nikida Sellers, Plaintiffs-Appellants, v. Sheila D. MOORE, Director of the Office of the University of Alabama Institutional Review Board, Ferdinand Urthaler, M.D., Chairman of the University of Alabama Institutional Review Board, Waldemar A. Carlo, M.D., in his individual capacity, Masimo Corporation, Dr. John Carpenter, in his individual capacity, et al., Defendants-Appellees, Individual Members of The University of Alabama Institutional Review Board, THE, etc., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

July 6, 2017.


Attorney(s) appearing for the Case

Reginald D. McDaniel , Attorney, 3720 4TH AVE S BIRMINGHAM, AL 35222, Alan Carl Milstein , Michael J. Dube , Sherman Silverstein Kohl Rose Podolsky, PA, 308 HARPER DR STE 311, MOORESTOWN, NJ 08057, for Plaintiffs-Appellants

Jay Michael Ezelle , Walter W. Bates , Cole Robinson Gresham , Sybil Vogtle Newton , William S. Starnes, Jr. , Starnes Davis Florie, LLP, 100 BROOKWOOD PL FL 7, PO BOX 598512, BIRMINGHAM, AL 35259-8512, for SHEILA D. MOORE, Director of the Office of the University of Alabama Institutional Review Board, FERDINAND URTHALER, Chairman of the University of Alabama Institutional Review Board, WALDEMAR A. CARLO, In his individual capacity, JOHN CARPENTER, in his individual capacity, MARY HILLIARD, RICHARD PARKER, WILLIAM BLACKERBY, MARGUERITE KINNEY, MARILYN DOSS, CHARLES BOSWELL, DENISE BALL, Defendants-Appellees

Joseph R. Re , Joseph S. Cianfrani , Cameron Jahansouz , Stephen C. Jensen , Payson J. Lemeilleur , Knobbe Martens Olson & Bear, LLP, 2040 MAIN ST 14TH FLOOR, IRVINE, CA 92614, Ivan B. Cooper , Enrique Jose Gimenez , Adam K. Peck , Lightfoot Franklin & White, LLC, 400 20TH ST N, BIRMINGHAM, AL 35203, for MASIMO CORPORATION, Defendant-Appellee

Before WILSON, and JULIE CARNES, Circuit Judges, and HALL, District Judge.


CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF ALABAMA PURSUANT TO ALABAMA RULE OF APPELLATE PROCEDURE 18.

TO THE SUPREME COURT OF ALABAMA AND ITS HONORABLE JUSTICES:

This appeal concerns an unsettled question of Alabama law that, in the interests...

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