Narrative Opinion Summary
Christina Petteruti appeals the district court's summary judgment in favor of defendants concerning her medical malpractice claim related to her Hepatitis B vaccination. The district court's order is vacated and the case is remanded for reconsideration in light of the Ninth Circuit's decision in Winter v. United States, 244 F.3d 1088 (2001), which the parties and the district court had not considered. No opinion is expressed on the merits of the case, and each party is responsible for their own costs on appeal. The disposition is deemed not suitable for publication and cannot be cited except as permitted by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Costs on Appealsubscribe to see similar legal issues
Application: Each party is assigned responsibility for their own costs incurred during the appeal process.
Reasoning: No opinion is expressed on the merits of the case, and each party is responsible for their own costs on appeal.
Non-Precedential Dispositionsubscribe to see similar legal issues
Application: The court explicitly states that the disposition is not suitable for publication, limiting its citation in future cases.
Reasoning: The disposition is deemed not suitable for publication and cannot be cited except as permitted by Ninth Circuit Rule 36-3.
Reconsideration of Summary Judgmentsubscribe to see similar legal issues
Application: The district court's summary judgment was vacated and the case was remanded for reconsideration due to the oversight of a relevant Ninth Circuit decision.
Reasoning: The district court's order is vacated and the case is remanded for reconsideration in light of the Ninth Circuit's decision in Winter v. United States, 244 F.3d 1088 (2001), which the parties and the district court had not considered.