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Gloria L. Rodas v. Plaintiff-Appellant

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ARGUED JUNE 10, 2011

Before BAUER, FLAUMand WILLIAMS,Circuit Judges.

Gloria Rodas’s appeal presents an important question about the meaning of a provision of the Illinois Good Samaritan Act, 745 ILCS 49/1 et seq., in a case that was removed to federal court under the federal officer removal statute, 28 U.S.C. § 1442. The state-law question is whether and under what circumstances the protections of the Good Samaritan Act turn on the business model physicians use to charge patients for emergency services. The law shields from liability physicians who render certain services “without fee.” Rodas was charged a fee for the services she received, but two of Rodas’s physicians were not paid from that fee. Instead, they received a salary from their medical practice. The district court agreed with the defendants that the salary-versus-fee distinction cloaked the physicians with statutory immunity. Rodas appeals.

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