Scott v. Wingate Wilderness Therapy, No. 19-4052 (10th Cir. 2021)
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Appellate Case: 19-4052 Document: 010110555447 Date Filed: 07/30/2021 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ JACOB M. SCOTT, an individual, Page: 1 FILED United States Court of Appeals Tenth Circuit July 30, 2021 Christopher M. Wolpert Clerk of Court Plaintiff - Appellant, No. 19-4052 (D.C. No. 4:18-CV-00002-DN) (D. Utah) v. WINGATE WILDERNESS THERAPY, LLC, a Utah limited liability company, Defendant - Appellee. _________________________________ ORDER AND JUDGMENT* _________________________________ Before TYMKOVICH, Chief Judge, MATHESON, and McHUGH, Circuit Judges. _________________________________ In a July 9, 2021 opinion answering the certified question in this matter, the Utah Supreme Court held that the Utah Health Care Malpractice Act applies to the claim at issue in this case. Scott v. Wingate Wilderness Therapy, LLC, 2021 UT 28, ¶ 34. On July 13, 2021, we lifted the abatement of this appeal and directed the parties to file supplemental briefs addressing the impact of the Utah Supreme Court’s decision on these proceedings. In his supplemental brief, Appellant concedes that the Utah Supreme Court’s holding requires us to affirm the district court’s dismissal of his claim. * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. Appellate Case: 19-4052 Document: 010110555447 Date Filed: 07/30/2021 Accordingly, the judgment of the district court is AFFIRMED. Entered for the Court, Per Curiam 2 Page: 2
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