Chester O. Draper, Pers. Rep. of the Est. of Ilene Draper, Deceased v. Robert Chiapuzio, M.D., & Harney Cnty., Oregon, a Pub. Body, 9 F.3d 1391 (9th Cir. 1993). · Go Syfert
Chester O. Draper, Pers. Rep. of the Est. of Ilene Draper, Deceased v. Robert Chiapuzio, M.D., & Harney Cnty., Oregon, a Pub. Body, 9 F.3d 1391 (9th Cir. 1993). Cases Citing This Book View Copy Cite
40 citation events (26 in the last 25 years) across 21 distinct courts.
Strongest positive: Fonte v. Memorial Hospital of Laramie County (ca10, 2025-05-05)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Fonte v. Memorial Hospital of Laramie County
10th Cir. · 2025 · confidence medium
We agree with that characterization. 8 Appellate Case: 24-8037 Document: 50 Date Filed: 05/05/2025 Page: 9 Draper v. Chiapuzio, 9 F.3d 1391, 1394 (9th Cir. 1993) (holding that Oregon’s notice-of-claim requirement did not directly conflict with any of EMTALA’s requirements).
discussed Cited as authority (rule) ESTATE OF MINNIE LEE TOMLINSON v. HOUSTON HEALTHCARE (2×)
Ga. Ct. App. · 2024 · confidence medium
Corp., 164 F3d 789, 795 (IV) (2d Cir. 1999); Draper v. Chiapuzio, 9 F3d 1391, 1393 (9th Cir. 1993) (per curiam).
discussed Cited as authority (rule) United States v. State of Idaho
9th Cir. · 2023 · confidence medium
Because this court looks to “[c]ongressional intent [as] the sole guide in determining whether federal law preempts a state statute,” we must look “only to this language and construe [EMTALA’s] preemptive effect as narrowly as possible.” Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir. 1993) (citations omitted).
cited Cited as authority (rule) United States v. State of Idaho
D. Idaho · 2022 · confidence medium
Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir. 1993).
cited Cited as authority (rule) Ellis v. San Francisco State University
N.D. Cal. · 2015 · confidence medium
Thus, under conflict preemption, “the test is whether compliance is impossible, not whether noncompliance is possible.” Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993).
discussed Cited as authority (rule) Federal Deposit Insurance v. Countrywide Securities Corp.
C.D. Cal. · 2013 · confidence medium
But impossibility preemption turns on “whether compliance is impossible, not whether noncompliance is possible.” Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993) (“Here, compliance with both federal and state law is not a ‘physical impossibility’____Only a plaintiff who waits more than one year to give the required notice under the state statute can no longer comply with both state and federal law.”); see also Robertson v. Wegmann, 436 U.S. 584, 593 , 98 S.Ct. 1991 , 56 L.Ed.2d 554 (1978) (“A state statute cannot be considered ‘inconsistent’ with federal law merely becau…
cited Cited as authority (rule) Cox v. Cabell Huntington Hospital, Inc.
S.D.W. Va · 2012 · confidence medium
Draper v. Chiapuzio, 9 F.3d 1391, 1393-94 (9th Cir.1993) (per curiam).
discussed Cited as authority (rule) Middleton v. Hartman (2×)
Colo. · 2002 · confidence medium
Moreover, the notice-of-claim provisions "simply address[] a concern that the [federal law] does not, namely the historical concern of governmental bodies that they be given reasonably prompt notice of tort claims against them." Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993).
examined Cited as authority (rule) Godwin v. Memorial Medical Center (3×) also: Cited "see"
N.M. Ct. App. · 2001 · confidence medium
Compare Power, 42 F.3d at 866 (holding that Virginia’s requirement that suits cannot be filed until after they are reviewed by a malpractice review panel directly conflicts with the Emergency Act given that review could take longer than two years and state law tolling provisions cannot toll the running of the Emergency Act’s two-year statute of limitations); Parrish, 856 S.W.2d at 526 (holding that grace period allowed under Texas state law could not toll Emergency Act’s statute of limitations); Reid, 709 F.Supp. at 855 (holding that Indiana Code’s provision that no cause of action aga…
cited Cited as authority (rule) Reyes Santana v. Hospital Ryder Memorial, Inc.
D.P.R. · 2001 · confidence medium
Ass’n, 42 F.3d 851, 866 (4th Cir.1994); Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993).
discussed Cited as authority (rule) Winifred Hardy v. New York City Health & Hospitals Corp. And Queens Hospital Center
2d Cir. · 1999 · confidence medium
Because Hardy did not avail herself of the opportunity to apply for an extension, we cannot conclude that compliance with New York’s notice-of-claim law and EMTALA was a “physical impossibility.” See Florida Lime & Avocado Growers, 373 U.S. at 142-43 , 83 S.Ct. 1210 ; Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993) (per curiam) (holding EMTALA did not preempt Oregon’s notice-of-claim requirement).
discussed Cited as authority (rule) Stevedoring Services of America, Inc. v. Eggert
Wash. Ct. App. · 1995 · confidence medium
These sections, unlike statutory provisions that courts have found to be express congressional statements on preemption, do not mention preemption or state law. 4 Cf. Cipollone, 112 S. Ct. at 2628, 2625 (clause at issue was entitled preemption but did not mention state law); Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir. 1993) (clause announced, "this section do[es] not preempt any State or local law requirement”).
discussed Cited as authority (rule) Moore v. Brunswick Bowling & Billiards Corp. (2×)
Tex. · 1994 · confidence medium
Myrick v. Freuhauf Corp., 13 F.3d 1516, 1521-22 (11th Cir.1994); Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993); Worm v. American Cyanamid Co, 5 F.3d 744, 747 (4th Cir.1993); Kinley Corp. v. Iowa Utils.
cited Cited "see" Heimlicher v. Steele
N.D. Iowa · 2009 · signal: see · confidence high
See Draper v. Chiapuzio, 9 F.3d 1391, 1393 (9th Cir.1993).
Retrieving the full opinion text from the archive…
Chester O. DRAPER, Personal Representative of the Estate of Ilene Draper, Deceased, Plaintiff-Appellant,
v.
Robert CHIAPUZIO, M.D., Defendant, and Harney County, Oregon, a Public Body, Defendant-Appellee
91-36290.
Court of Appeals for the Ninth Circuit.
Nov 18, 1993.
9 F.3d 1391
Karl G. Anuta, Jolles, Sokol & Bernstein, Portland, OR, for plaintiff-appellant., Keith J. Bauer and Billy M. Sime, Parks, Bauer & Sime, Salem, OR, for defendant-appellee.
Farris, Thompson, Hardy.
Cited by 27 opinions  |  Published
Pinpoint authority: bottom 54%
PER CURIAM:

Charles 0. Draper, personal representative of the estate of llene Draper, appeals from the district court’s dismissal of his action against Harney County, Oregon, 755 F.Supp. 331, alleging that the County, as operator of the Harney County Hospital, violated the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

Draper argues that the district court erred in applying Oregon’s one-year tort claim notice requirement, which provides that notice[*1393] of a claim against a public body in a wrongful death action must be filed within one year of the alleged loss or injury. Or.Rev.Stat. 30.-275. Draper contends that ORS 30.275 is preempted by the two-year statute of limitations for suits brought under the Act. 42 U.S.C. § 1395dd(d)(2)(C). We reject the argument.

Congressional intent is the sole guide in determining whether federal law preempts a state statute. See California Fed. Sav. & Loan Ass’n v. Guerra, 479 U.S. 272, 280, 107 S.Ct. 683, 689, 93 L.Ed.2d 613 (1987). In ascertaining this intent, we must respect legislative provisions that explicitly address preemption:

When Congress has considered the issue of preemption and has included in the enacted legislation a provision explicitly addressing that issue, and when that provision provides a reliable indicium of congressional intent with respect to state authority, there is no need to infer congressional intent to preempt state laws from the substantive provisions of the legislation.

Cipollone v. Liggett Group, Inc., — U.S. —, —, 112 S.Ct. 2608, 2618, 120 L.Ed.2d 407 (1992) (citations omitted). The Act contains such a provision: “The provisions of this section do not preempt any State or local law requirement, except to the extent that the requirement directly conflicts with a requirement of this section.” 42 U.S.C. § 1395dd(f). We therefore look only to this language and construe its preemptive effect as narrowly as possible. Cipollone, — U.S. at —, 112 S.Ct. at 2618.

The key phrase is “directly conflicts.” A state statute directly conflicts with federal law in either of two cases: first, if “compliance with both federal and state regulations is a physical impossibility,” Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43, 83 S.Ct. 1210, 1217-18, 10 L.Ed.2d 248 (1963), or second, if the state law is “an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Hines v. Davidowitz, 312 U.S. 52, 67, 61 S.Ct. 399, 404, 85 L.Ed. 581 (1941); see Guerra, 479 U.S. at 281, 107 S.Ct. at 689.

Here, compliance with both federal and state law is not a “physical impossibility.” In fact, it is easy. A plaintiff need simply give the required notice under the state statute within one year and file his lawsuit under the Act within two years. Only a plaintiff who waits more than one year to give the required notice under the state statute can no longer comply with both state and federal law. Such a plaintiff would be barred, in Oregon, from bringing a claim under the Act, but the test is whether compliance is impossible, not whether noncompliance is possible. See, e.g., English v. General Elec. Co., 496 U.S. 72, 79, 110 S.Ct. 2270, 2275, 110 L.Ed.2d 65 (1990); see also Robertson v. Wegmann, 436 U.S. 584, 593, 98 S.Ct. 1991, 1996, 56 L.Ed.2d 554 (1978) (“A state statute cannot be considered ‘inconsistent’ with federal law merely because the statute causes the plaintiff to lose the litigation.”).

Nor is Oregon’s notice-of-claim requirement an obstacle to the accomplishment of Congress’ objectives under the Act. As the district court noted, one of Congress’ purposes in enacting the Act was to combat “patient dumping,” which describes a hospital’s refusal to treat a patient who is unable to pay. Oregon’s notice-of-claim statute is not inconsistent with this objective. It simply addresses a concern that the Act does not, namely the historical concern of governmental bodies that they be given reasonably prompt notice of tort claims against them. Oregon’s notice-of-claim requirement is not so burdensome or inconsistent with the objectives of the Act that it frustrates Congress’ purposes in enacting it.

Draper’s analogy to 42 U.S.C. § 1983 preemption is unpersuasive. Section 1983 does not contain a provision defining its preemptive reach. To determine Congress’ intent — the “ultimate touchstone” of preemption analysis — in the absence of an express congressional command, courts look to the statute’s structure and purpose. See Cipollone, — U.S. at —, 112 S.Ct. at 2617. Notice-of-claim provisions were held to be inconsistent with the structure and purpose of section 1983, which is to provide compensatory relief to those deprived of their federal rights by state actors. Felder v. Casey, [*1394] 487 U.S. 131, 141, 108 S.Ct. 2302, 2308, 101 L.Ed.2d 123 (1988).

Such analysis of the structure and purpose of a statute is inappropriate where, as here, Congress has spoken on the issue of preemption. Cipollone, — U.S. at —, 112 S.Ct. at 2618. It does not matter that the Act’s legislative history is “replete with references to the Act’s compensatory and deterrent purposes.” Power v. Arlington Hosp., 800 F.Supp. 1384, 1389 (E.D.Va.1992). We ask only whether it is physically impossible to comply with both state and federal law, and whether the state law is an obstacle to the accomplishment and execution of the full purposes and objectives of Congress in enacting the Act. Because it is physically possible to comply with both Oregon’s one-year notice-of-claim requirement and the Act’s two-year statute of limitations, and because the notice-of-claim requirement is not an obstacle to the accomplishment and execution of the full purposes and objectives of the Act, the Act does not preempt Oregon’s notice-of-claim requirement.

Finally, both parties argue forcefully over whether Congress has abrogated Harney County’s Eleventh Amendment immunity. The arguments are misplaced, however. The Eleventh Amendment does not bar suits against municipalities or political subdivisions of a state. Mt. Healthy City Sch. Bd. of Educ. v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977); Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103, 1110 (9th Cir.1987).

AFFIRMED.