Case: American Nurses Assoc. v. Torlakson

07AS04631 | California state trial court

Filed Date: 2007

Closed Date: Aug. 12, 2013

Clearinghouse coding complete

Case Summary

This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell. That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of Education in federal court for failing to meet their obligations to diabetic students. A central problem was that students who were unable to self-administer insulin and who were in schools without a full-time school nurse on duty had to wait for parents to come to school to administer ins…

This case began with the 2007 Legal Advisory that settled the case K.C. v. O'Connell. That case began in 2005, with parents of four students and the American Diabetes Association suing the California Board of Education in federal court for failing to meet their obligations to diabetic students. A central problem was that students who were unable to self-administer insulin and who were in schools without a full-time school nurse on duty had to wait for parents to come to school to administer insulin, stay home from school, or receive insulin more infrequently than their doctors preferred. The 2007 Legal Advisory attempted to resolve this problem by specifying categories of people who were qualified to administer insulin, including the category ("category 8") at dispute in this suit: "a voluntary school employee who is unlicensed but who has been adequately trained to administer insulin pursuant to the student's treating physician's orders as required by the Section 504 plan or the IEP."

In this case, in 2007 the American Nurses' Association challenged the Legal Advisory in state court, seeking a mandate declaring it invalid regarding category 8 on the basis that state law does not authorize unlicensed school personnel to administer insulin. The Sacramento County Superior Court and the Court of Appeal found for the ANA, declaring the 2007 Legal Advisory illegal, and the case was appealed to the Supreme Court of California.

On August 12, 2013, the Supreme Court disagreed, ruling that California law does in fact allow trained (though unlicensed) personnel to administer prescription medications, including insulin, in accordance with written statements of individual students' treating physicians. 57 Cal.App.4th 570.

The documents in the Clearinghouse reflect the documents available on the internet at this time.

Summary Authors

Claire Lally (11/25/2014)

Related Cases

K.C. v. O'Connell, Northern District of California (2005)

People


Judge(s)
Attorney for Plaintiff

Allen, Pamela S (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Abram, Thomas G. (Illinois)

Alger, Maureen P. (California)

Anderson, April J. (District of Columbia)

Andrews, Lindsay M (California)

Judge(s)

Baxter, Marvin R. (California)

Brown, David I (California)

Chang, Shelleyanne W. L. (California)

Chin, Ming W. (California)

Connelly, Lloyd (California)

Corrigan, Carol A. (California)

Kennard, Joyce L. (California)

Krueger, Christopher E. (California)

Liu, Goodwin (California)

McGuiness, William R (California)

Werdegar, Kathryn M. (California)

show all people

Documents in the Clearinghouse

Document

07AS04631

Docket

American Nurses Association v. O'Connell

June 30, 2017

June 30, 2017

Docket

K.C. Settlement Agreement & Exhibit A (Legal Advisory)

K.C. v. O'Connell

No Court

April 15, 2011

April 15, 2011

Settlement Agreement

S184583

Brief for the United States as Amicus Curiae Supporting Intervernor-Appellant and Urging Reversal

American Nurses Association vs. Torlakson

California state supreme court

May 11, 2011

May 11, 2011

Pleading / Motion / Brief

07AS04631

Opinion

American Nurses Association vs. Torlakson

California state supreme court

Aug. 12, 2013

Aug. 12, 2013

Order/Opinion

57 Cal.App.4th 57

Resources

Docket

Last updated Jan. 26, 2024, 10:50 a.m.

ECF Number Description Date Link Date / Link
1

O'Connell, Jack added as a Defendant effective 11/26/2007 .

Nov. 26, 2007

Nov. 26, 2007

2

State Department of Education added as a Defendant effective 11/26/2007 .

Nov. 26, 2007

Nov. 26, 2007

3

Answer filed.

Nov. 26, 2007

Nov. 26, 2007

4

American Diabetes Association added as a Intervenor effective 12/21/2007 .

Dec. 21, 2007

Dec. 21, 2007

5

Wood, James M added as a effective 12/21/2007 .

Dec. 21, 2007

Dec. 21, 2007

6

Motion for Leave to Intervene filed.

Dec. 21, 2007

Dec. 21, 2007

7

Application - Other (Application of Proposed INtervenor American Diabetes Association for Leave to Intervene) filed.

Dec. 21, 2007

Dec. 21, 2007

8

Motion for Leave to Intervene - PJ Law and Motion scheduled for 01/22/2008 at 09:30:00 AM in Department 47 at Gordon D Schaber Courthouse .

Jan. 3, 2008

Jan. 3, 2008

11

Consent to Motion by American Diabetes Association for Leave to Intervene

Jan. 8, 2008

Jan. 8, 2008

12

Poulos, John S. added as a effective 01/08/2008 .

Jan. 8, 2008

Jan. 8, 2008

13

Substitution of Attorney filed.

Jan. 8, 2008

Jan. 8, 2008

14

American Nurses Association California added as a Plaintiff effective 10/09/2007 .

Jan. 14, 2008

Jan. 14, 2008

15

Case assigned to Department 24 .

Jan. 14, 2008

Jan. 14, 2008

16

Proof of Service - MAILING filed.

Jan. 16, 2008

Jan. 16, 2008

17

First Paper - Other (Complaint in Intervention) filed.

Jan. 18, 2008

Jan. 18, 2008

18

Minutes finalized for Motion for Leave to Intervene - PJ Law and Motion heard on 01/22/2008 09:30:00 AM .

Jan. 22, 2008

Jan. 22, 2008

19

Motion for Leave to Amend filed.

Jan. 25, 2008

Jan. 25, 2008

21

Declaration - Other (Christopher R Rodriguez in support of motion to file first amended petition) filed.

Jan. 25, 2008

Jan. 25, 2008

22

Memorandum of Points and Authorities filed.

Jan. 25, 2008

Jan. 25, 2008

20

Motion - Other - Civil Law and Motion scheduled for 02/25/2008 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Jan. 28, 2008

Jan. 28, 2008

23

NOTICE OF 1/22/08 RULING

Jan. 31, 2008

Jan. 31, 2008

24

Response (and statement of non-opposition to motion for leave to file first amended petition for writ of mandate and complaint) filed.

Feb. 7, 2008

Feb. 7, 2008

25

Memorandum of Points and Authorities (in opposition to motion for leave to file first amended petition) filed.

Feb. 8, 2008

Feb. 8, 2008

26

Declaration - Other (James M Wood in support of memo of points & authorities) filed.

Feb. 8, 2008

Feb. 8, 2008

27

Reply to Opposition of Noticed Motion (partial opposition to motionf or leave to file first amended petition/writ of mandate) filed.

Feb. 15, 2008

Feb. 15, 2008

28

Answer filed.

Feb. 22, 2008

Feb. 22, 2008

29

Minutes finalized for Motion - Other - Civil Law and Motion heard on 02/25/2008 02:00:00 PM .

Feb. 25, 2008

Feb. 25, 2008

38

Amended Complaint filed.

Feb. 26, 2008

Feb. 26, 2008

32

Minutes finalized for heard on 02/29/2008 02:48:14 PM .

Feb. 29, 2008

Feb. 29, 2008

31

Clerk's Certificate of Service By Mail generated .

March 3, 2008

March 3, 2008

35

WRIT OF MANDATE ASSIGNMENT ORDER

March 4, 2008

March 4, 2008

36

Stipulation and Proposed Order - Other filed.

March 4, 2008

March 4, 2008

37

California School Nurses Organization added as a Plaintiff effective 02/26/2008 .

March 4, 2008

March 4, 2008

34

Case reassigned to 11 effective 02/29/2008 .

March 5, 2008

March 5, 2008

39

Motion - Other (Premptory Challenge) filed. filed by American Nurses Association(Plaintiff)

March 10, 2008

March 10, 2008

39

Motion - Other (Premptory Challenge) filed.

March 10, 2008

March 10, 2008

40

Declaration - Other filed.

March 10, 2008

March 10, 2008

41

Proof of Service filed.

March 10, 2008

March 10, 2008

42

Order on Motion for Peremptory Disqualification Pursuant to CCP 170.6

March 13, 2008

March 13, 2008

43

Case reassigned to 33 effective 03/13/2008 .

March 14, 2008

March 14, 2008

44

Stipulation and Order Entering Stipulated Stay (granted)

March 17, 2008

March 17, 2008

45

Correspondence filed.

April 8, 2008

April 8, 2008

46

Returned Document Form For Substitution Of Attorney

April 11, 2008

April 11, 2008

47

Substitution of Attorney filed. filed by California Department of Education(Defendant)

April 15, 2008

April 15, 2008

48

Substitution of Attorney filed.

April 15, 2008

April 15, 2008

49

Slager, Susan added as a effective 04/15/2008 .

April 15, 2008

April 15, 2008

50

Stipulation and Proposed Order - Other filed. filed by American Nurses Association(Plaintiff)

April 21, 2008

April 21, 2008

52

Stipulation and Order Granting Plaintiffs and Petitioners Leave to File Second Amended Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief and To Add Plaintiff California Nurses Association

April 24, 2008

April 24, 2008

51

Status Conference - Writ of Mandate scheduled for 05/09/2008 at 09:00:00 AM in Department 33 at Gordon D Schaber Courthouse and the Notice of Hearing has been generated .

April 25, 2008

April 25, 2008

53

California Nurses Association added as a Petitioner effective 04/25/2008 .

April 25, 2008

April 25, 2008

54

Amended Complaint filed.

April 25, 2008

April 25, 2008

55

Status Conference - Writ of Mandate rescheduled to 06/13/2008 at 01:30:00 PM in Department 33 at Gordon D Schaber Courthouse .

April 28, 2008

April 28, 2008

56

Status Conference - Writ of Mandate scheduled for 06/13/2008 at 01:30:00 PM in Department 33 at Gordon D Schaber Courthouse and the Notice of Hearing has been generated .

April 28, 2008

April 28, 2008

57

Notice of Entry - Other filed.

April 29, 2008

April 29, 2008

58

Answer filed.

May 15, 2008

May 15, 2008

59

Response filed.

May 15, 2008

May 15, 2008

60

Case Management Statement filed.

May 29, 2008

May 29, 2008

61

Case Management Statement filed.

May 29, 2008

May 29, 2008

62

Proof of Service by Mail - Petition filed.

June 2, 2008

June 2, 2008

63

Minutes finalized for Status Conference - Writ of Mandate heard on 06/13/2008 01:30:00 PM .

June 13, 2008

June 13, 2008

64

Petition for Writ of Mandate - Writ of Mandate scheduled for 10/03/2008 at 01:30:00 PM in Department 33 at Gordon D Schaber Courthouse .

June 13, 2008

June 13, 2008

65

Application - Other (Application for an order permitting Alice L. Bodley Jocelyn Winston and Maureen E. Cones to appear Pro Hac Vice) filed.

June 13, 2008

June 13, 2008

66

Application - Other filed. filed by American Nurses Association(Plaintiff)

June 13, 2008

June 13, 2008

67

Declaration - Other filed.

June 13, 2008

June 13, 2008

68

Declaration - Other (Declaration of Maureen Cones in support of application to appear Pro Hac Vice) filed.

June 13, 2008

June 13, 2008

69

Declaration - Other (Declaration of Jocelyn Winston) filed.

June 13, 2008

June 13, 2008

70

Declaration - Other (Declaration of Alice L. Bodley) filed.

June 13, 2008

June 13, 2008

71

Proof of Service filed.

June 13, 2008

June 13, 2008

72

Proof of Service - PERSONAL filed.

June 19, 2008

June 19, 2008

73

Order Granting Application of Alice L. Bodley, Jocelyn Winston and Maureen E. Cones to Appear Pro Hac Vice For Plaintiffs and Petitioners

June 20, 2008

June 20, 2008

74

Proof of Service - MAILING filed.

June 20, 2008

June 20, 2008

75

Stipulation Only - Other (Pre-Judgment) (And [Proposed] Order Regarding Briefing Schedule And Hearing) filed.

June 30, 2008

June 30, 2008

76

First Paper - Other (Petitioners Answer To Complaint In Intervention By American Diabetes Association) filed.

July 1, 2008

July 1, 2008

77

Stipulation and Order Regarding Briefing Schedule and Hearing

July 2, 2008

July 2, 2008

78

Allen, Pamela added as a effective 07/03/2008 .

July 3, 2008

July 3, 2008

79

Answer filed.

July 3, 2008

July 3, 2008

80

Notice of Entry - Other (Of Order RE Briefing Schedule And Hearing) filed.

July 9, 2008

July 9, 2008

81

Notice of Entry - Other (of Order re Stipulation and Order Regarding Briefing Schedule and Hearing) filed.

July 10, 2008

July 10, 2008

82

Motion - Other (Notice Of Motion And Motion In Support Of Verified Second Amended Petition For Writ Of Mandate And Complaint For Declaratory And Injunctive Relief) filed.

July 28, 2008

July 28, 2008

83

Memorandum of Points and Authorities (In Support Of Verified Second Amended Petition For Writ Of Mandate And Complaint For Declaratory And Injunctive Relief) filed.

July 28, 2008

July 28, 2008

84

Paper Exhibits (Appendix Of Out-Of-State And Other Authorities) filed.

July 28, 2008

July 28, 2008

85

Request for Judicial Notice filed.

July 28, 2008

July 28, 2008

86

Proof of Service - MAILING filed.

July 28, 2008

July 28, 2008

87

Declaration - Other (Of Francine Kaufman MD in Opposition To Plaintiffs Petition For Writ Of Mandate And Complaint For Declaratory And Injunctive Relief) filed.

Sept. 12, 2008

Sept. 12, 2008

88

Declaration - Other (Of Kathleen Breen In Support Of Intervenor American Diabetes Associations Opposition) filed.

Sept. 12, 2008

Sept. 12, 2008

89

Declaration - Other (Of Kathy Spain In Support Of Intervenor American Diabetes Associations Opposition) filed.

Sept. 12, 2008

Sept. 12, 2008

90

Declaration - Other (Of Louise D In Support Of Intervenor American Diabetes Associations Opposition) filed.

Sept. 12, 2008

Sept. 12, 2008

91

Declaration - Other (Of Nicole C In Support Of Intervenor American Diabetes Associations Opposition) filed.

Sept. 12, 2008

Sept. 12, 2008

92

Declaration - Other (Of James M Wood In Support Of Intervenor American Diabetes Associations Opposition) filed.

Sept. 12, 2008

Sept. 12, 2008

93

Request for Judicial Notice (In Support Of In Its Memorandum Of Points And Authorities In Opposition To Plaintiffs Verified Second Amended Petition Or Writ Of Mandate And Complaint For Declaratory And Injunctive Relief) filed.

Sept. 12, 2008

Sept. 12, 2008

94

Objection (Intervenor American Diabetes Associations Objections To Plaintiffs Evidence In Its Memorandum Of Points And Authorities) filed.

Sept. 12, 2008

Sept. 12, 2008

95

Memorandum of Points and Authorities (In Opposition To Plaintiffs Verified Second Amended Petition For Writ Of Mandate And Complaint) filed.

Sept. 12, 2008

Sept. 12, 2008

96

Opposition (Defendants/Respondents Opposition To Petition For Writ Of Mandate) filed.

Sept. 12, 2008

Sept. 12, 2008

97

Declaration - Other (Of Linda Davis-Alldritt In Support Of Defendants/Respondents Opposition To Petition For Writ Of Mandate) filed.

Sept. 12, 2008

Sept. 12, 2008

98

Request for Judicial Notice filed.

Sept. 12, 2008

Sept. 12, 2008

99

Paper Exhibits (Defendants/Respondents Federal Authorities) filed.

Sept. 12, 2008

Sept. 12, 2008

100

Declaration - Other (Supplemental Declaration Of James M Wood In Support Of Intervenor American Diabetes Association's Memorandum Of Points And Authorities In Opposition To Plaintiffs' Petition For Writ Of Mandate And Complaint For Declaratory And Injuctive Relief) filed.

Sept. 16, 2008

Sept. 16, 2008

101

Declaration - Other (Of Linda Siminerio, PN, PH D, Cde In Opposition To Plaintiffs' Petition For Writ Of Mandate And Complaint For Declaratory And Injuctive Relief) filed.

Sept. 18, 2008

Sept. 18, 2008

102

Stipulation Only - Other (Stipulation re: Briefing Schedule & Hearing) filed.

Sept. 26, 2008

Sept. 26, 2008

103

Stipulation and Order Regarding Briefing Schedule and Hearing

Sept. 29, 2008

Sept. 29, 2008

Case Details

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: 2007

Closing Date: Aug. 12, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

American Nurse's Association

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California , State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

State law

Available Documents:

Non-settlement Outcome

None of the above

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run