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July 22, 2013

Nelson Hardiman Obtains Dismissal of Lawsuit Brought By Hospital District Against Physician

Mills JohnNelson Hardiman attorney, John A. Mills, successfully defended a physician against a lawsuit filed by a hospital district located in eastern Riverside County. The hospital district alleged that the physician had fraudulently induced it to enter into a contract with a different physician for anesthesia services, and it also alleged that, as a result of the contract, Nelson Hardiman’s client received illegal kickbacks. Promptly after the lawsuit was filed, Nelson Hardiman brought a demurrer to have the lawsuit dismissed in its entirety on the grounds that the lawsuit was baseless and failed to assert a legally viable claim against the physician. The court sustained the demurrer and gave the hospital district leave to file an amended complaint. Unable to state its case any more strongly, the hospital district failed to file an amended complaint. As a result, the court dismissed the entire lawsuit with prejudice and entered judgment in favor of Nelson Hardiman’s client.

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