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U.S. Supreme Court Denies Review Of California Appeals Court Decision Holding Court Was Justified In Imposing "Terminating" Sanctions Ending Physician's Lawsuit Against Hospital

 
 

U.S. Supreme Court Denies Review Of California Appeals Court Decision Holding Court Was Justified In Imposing "Terminating" Sanctions Ending Physician's Lawsuit Against Hospital

The U.S. Supreme Court has denied review of a decision issued by the California Court of Appeal, Second District, that a court could impose "terminating" sanctions on a physician who had brought a suit against a hospital, thereby ending the lawsuit. The terminating sanctions--the ultimate sanction�were justified here because the physician's attorney had signed a stipulation providing that the hospital could file a motion for the sanctions if the physician did not comply with a discovery order, and also because the physician had demonstrated his unwillingness to comply with previous discovery requests, the appeals court found. The case is published at 128 Cal. App. 4th 531 and summarized and HLD, v. 33, n. 5.

Mileikowsky v. Tenet Healthsystem, cert. denied, No. 05-638, 74 U.S.L.W. 3420 (U.S. Jan. 6, 2006).

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