Defendants won at the summary judgment stage, and the Eleventh Circuit affirmed. Plaintiffs made negligence, negligence per se, product liability, breach of fiduciary duty and lack of informed consent claims, and they sued the doctors involved in the study, as well as the independent review board and the company that made the medical equipment for the study. Parents of several infants who were born prematurely claimed that the infants suffered injuries as a result of their participation in a clinical trial aimed at analyzing the effects of differing oxygen saturation levels on premature infants.
30, 2018), the Eleventh Circuit confirmed Alabama law’s rejection of an “increased risk of harm causation standard and established that lack of informed consent plaintiffs must have a physical injury. Upon the commission's recommendation, the governor may retire the judge from office.In Looney v. When the supreme court certifies to the governor that a judge is so incapacitated that s/he cannot substantially perform his/her judicial duties, a three-person commission is appointed to look into the matter. Judges may be impeached by a majority vote of all members of the general assembly and removed by a two-thirds vote of the senate. Based upon the hearing, judges may be reprimanded, censured and suspended without pay, or removed from office. The committee reviews all allegations of misconduct and either dismisses the charges or recommends a formal hearing. The supreme court maintains an advisory committee on judicial conduct composed of private citizens appointed by the court. Removal proceedings against judges may be instigated by a majority of either house, by the governor filing a complaint with the supreme court, or by the supreme court on its own motion.
New Jersey judges may be removed in one of three ways:
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