Business Law

Kasondra Torres filed a class action lawsuit against Hanford Community Hospital, seeking declaratory relief that the hospital’s nondisclosure of its intent to charge a $3,200 emergency room evaluation and management service (EMS) fee, in addition to fees for each treatment and service provided, violated the Consumer Legal Remedies Act (CLRA). Read more

The debtor, Family Friendly Contracting LLC (the “Debtor”), filed a voluntary bankruptcy petition under Subchapter V of Chapter 11 of the Bankruptcy Code. Read more

A Dignity Health hospital dismissed Dr. Noushin Khoiny after her second year of a three-year internal medicine residency. Read more

The Ninth Circuit Bankruptcy Appellate Panel (the BAP) recently ruled that state laws which provide for attorney’s fee awards are applicable in bankruptcy litigation only if they are connected to the substance of the claims and are not dependent on misconduct or improper purpose of parties or attorneys. Read more

State Farm’s insured submitted an uninsured motorist claim, which ended up in arbitration. State Farm propounded requests for admission which the insured failed to answer timely. Read more

In Persinger v. Southwest Credit Systems, 2021 WL 6058148 (7th Circuit) (“Persinger”), the United States Court of Appeals for the Seventh Circuit (the “Court”) held that a loan servicer that got notice of a debtor’s discharge after making a credit inquiry was not guilty of a willful violation of the Fair Credit Reporting Act, particularly in light of the reasonable general practices the servicer employed to avoid violations even though those practices arguably failed in this specific instance. Read more

Critical access hospitals provide 24-hour emergency services at remote rural locations. They are limited to 25 inpatient beds. They may not provide nonemergency inpatient care for more than 96 hours; persistently sick patients must be transferred to a larger hospital. Read more

On December 16, 2021, Judge Colleen McMahon of the United States District Court, Southern District of New York, vacated the order confirming Purdue Pharma’s Chapter 11 plan of re-organization, holding that the bankruptcy court had no power to impose a non-consensual release by third parties of their direct claims against non-debtors. Read more

Jet Rescue transported two Kaiser Medicare Advantage enrollees by air from Mexico to a Kaiser hospital in the United States. The enrollees assigned their claims for benefits under Kaiser’s plans to Jet Rescue. Read more

On February 7, 2022, the California Court of Appeal ruled on the narrow issue of whether an amended complaint for penalties pursuant to the Labor Code Private Attorneys General Act of 2004 [Lab. Code 2698 et seq. Read more