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Tort Talk

Plaintiff's Med Mal Experts Permitted to Testify But Scope of Testimony Somewhat Curtailed

By Daniel Cummins
October 2, 2024

Plaintiff's Med Mal Experts Permitted to Testify But Scope of Testimony Somewhat Curtailed

In the case of Rotella v. Community Medical Center, No. 2022-CV-3943 (C.P. Lacka. Co. Sept. 5, 2024 Nealon, J.), the court addressed motions seeking to preclude defense expert witness in a medical malpractice case.

According to the Opinion, the…

Tort Talk

Fishing Expeditions Not Allowed in Discovery

By Daniel Cummins
June 19, 2023

Fishing Expeditions Not Allowed in Discovery

In the case of Rotella v. Community Medical Center, No. 22-CV-3943 (C.P. Lacka. Co. June 9, 2023 Nealon, J.), the court addressed the proper breadth and scope of subpoenas for a Plaintiff’s prior medical records in a medical malpractice

…

California Workplace Law Blog

Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

By Yvonne Arvanitis Fossati, Hazel U. Poei & Scott P. Jang
June 7, 2021

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory to…

Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

By Yvonne Arvanitis Fossati, Hazel U. Poei & Scott P. Jang
June 7, 2021

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory…

Litigators at Work

Ninth Circuit Upholds Arbitration for Non-Signatory Defendant

By Yvonne Arvanitis Fossati, Hazel U. Poei & Scott P. Jang
June 7, 2021

California law is not typically seen as amiable to compelling employees to arbitrate their claims. However, in Franklin v. Community Regional Medical Center, ___ F.3d___(9th Cir. 2021), the Ninth Circuit panel upheld a motion to compel arbitration by a non-signatory…

Med Law Blog

Montana Physician Obtains Injunction Preventing National Practitioner Data Bank Report

By Michael Cassidy
December 18, 2009

The Montana Supreme Court held in John Doe, M.D. v. Community Medical Center that the Health Care Quality Improvement Act (HCQIA) does not preempt state law regarding injunction and breach of contract, thereby allowing the lower court to issue an…

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