Nelson Hardiman attorneys Zachary Rothenberg, Sarvnaz (Miriam) Mackin, and Sal Zimmitti obtained a whole dismissal of all claims towards the agency’s shopper, chief-of-staff of an area hospital, and have been additionally awarded the prices and attorneys’ charges incurred within the matter.
The case was filed by a doctor towards the native hospital, a number of of its executives, and the chief-of-staff, claiming that the doctor had been the topic of a bad-faith, retaliatory peer evaluation by the hospital’s medical employees, after the doctor had made complaints concerning the hospital’s practices. In response to the doctor’s criticism, the chief-of-staff’s participation within the peer evaluation course of included “falsely accusing” the doctor of getting “an anger administration drawback” and requiring the doctor “to be handled by a psychiatrist,” and that these actions “amounted to a de facto suspension” of the doctor from the hospital. The doctor’s criticism sought an undisclosed quantity of damages towards the chief-of-staff and different defendants for the enterprise losses and reputational hurt he claimed to have suffered.
The Nelson Hardiman attorneys challenged the claims towards the chief-of-staff by submitting an “Anti-SLAPP” Movement to Strike the criticism pursuant to Part 425.16 of the Code of Civil Process. A Strategic Lawsuit In opposition to Public Participation (“SLAPP”) lawsuit is one which implicates protected communications or conduct, for instance below the First Modification of the U.S. Structure. Participation within the medical employees peer evaluation course of has been held in sure circumstances to represent such protected communication. As such, Nelson Hardiman was approved to file its “Anti-SLAPP” Movement to Strike the doctor’s criticism, primarily based on the protections surrounding the peer evaluation course of.
“The anti-SLAPP course of could be very highly effective,” in line with Nelson Hardiman companion Zachary Rothenberg, “as a result of it permits the defendant to problem the claims instantly, and to power the plaintiff to show up his claims, with precise proof, very early on within the case, and usually earlier than the plaintiff has had the chance to conduct discovery.”
Following in depth briefing, and prolonged oral argument, the Courtroom determined in favor of Nelson Hardiman’s shopper, discovering that the Plaintiff didn’t put forth adequate admissible proof to show his claims towards the chief-of-staff. The Courtroom dismissed all claims towards the chief-of-staff, and invited him to file an software to recuperate all of his prices and attorneys’ charges incurred in bringing the anti-SLAPP movement.
“We’re very happy with the end result,” Rothenberg mentioned. “Any time you will get a shopper dismissed from the case early, earlier than the price of litigation turns into too nice, that’s a giant win. However with an anti-SLAPP movement, the win is even sweeter, as a result of the anti-SLAPP statute supplies that the prevailing defendant is entitled to recuperate his attorneys’ charges and prices. So in a case like this, the shopper will get out of the case with little or no, if any, out-of-pocket expense.”
About Nelson Hardiman
Nelson Hardiman LLP is the premier healthcare and life sciences agency in Los Angeles, serving healthcare suppliers, buyers, and organizations that want a hard-to-find degree of high quality recommendation on essentially the most delicate business points. The agency’s litigation follow makes a speciality of defending fraud and abuse and whistleblower actions, authorities investigations, reimbursement disputes, and different complicated enterprise disputes. Nelson Hardiman repeatedly serves as outdoors counsel for healthcare system shoppers and medical employees illustration. Nelson Hardiman’s transactional group handles healthcare group acquisitions, gross sales, funding, and financings, and Nelson Hardiman’s regulatory group advises on compliance with licensing, operational, and reimbursement points throughout the complete continuum of healthcare business sectors, with experience on Medicare and Medicaid necessities, privateness and information safety, FDA, and lots of extra issues. The agency has earned a singular place repute nationally for its management in addressing points in behavioral well being. Extra details about the agency is out there at www.nelsonhardiman.com or at 310.203.2800.
Posted on September 13, 2022
