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).