News & Insights
RECENT SUCCESSES: SUMMER 2024
P. P. v. APR, et al., Humboldt County Superior Court:HB recently secured a Judgment on behalf of our client, a real property owner/ alleged employer, against 12 causes of action brought by plaintiff including Wrongful Termination in Violation of Public Policy, Disability Discrimination in Violation of Ca. Govt. Code §§12940, Failure to Accommodate Disability, Retaliation […]
NEW CASE LAW ALERT: SUMMER 2024
Asiryan v. Medical Staff of Glendale Adventist Med. Ctr., (2024) 100 Cal. App. 5th 947(2024): Dr. Asiryan’s privileges were suspended by Glendale Adventist Medical Center without a hearing or providing her with notice. The court held that the trial court correctly concluded California’s peer review statutes are the sole source of procedural protections in hospital […]
TREND: PLAINTIFF’S BAR TAKING STABS AT MULTIPLE CAPS ON GENERAL DAMAGES AFTER AB 35 AMENDMENTS TO MICRA: SUMMER 2024
As we continue to adjust to the changes made by AB35 to the MICRA cap on damages, a somewhat predictable trend has emerged – plaintiffs seeking to double dip into the general damages categories described in the amended Civil Code §3333.2. The statute provides that no health care provider or health care institution shall be […]
RECENT AMENDMENTS MAKE SIGNIFICANT CHANGES TO CALIFORNIA’S DISCOVERY ACT: WINTER 2024
California CCP § 2016.090 has recently been amended resulting in significant change to California’s Discovery Act. For all cases filed on or after January 1, 2024, parties are required to exchange initial disclosures within 60 days of a demand from any party, which aligns California more closely with federal initial disclosure requirements. Pursuant to the […]
APPELLATE COURT UPHOLDS RECENT MICRA DECISION: WINTER 2024
On December 1, 2023, the California Court of Appeal for the Sixth Appellate District (San Jose), in a 2-1 decision, held the trial court correctly concluded that the MICRA one-year statute of limitations applied to plaintiff’s negligence claims in Gutierrez v. Tostado. The plaintiff was injured when his car was rear-ended by an ambulance which […]
MEDICAL BOARD OF CALIFORNIA’S NEW PRESCRIBING GUIDELINES: FALL 2023
In July of 2023, the Medical Board of California (MBC) issued an update to the 2014 Guidelines for Prescribing Controlled Substances for Pain. In the past several years, the MBC has taken a very hard line with respect to the prescription of controlled substances, including its work on the “death certificate” project. As a result, […]
ANNOUNCEMENTS QUARTERLY NEWSLETTER: FALL 2023
We are pleased to announce that Elton Rushing, has joined Hassard Bonnington as a Law Fellow. Elton recently graduated from UC Law SF. Prior to law school, Elton gained valuable clinical healthcare experience working as a Registered Nurse (RN). We are very excited to bring Elton’s expertise and diverse background to our team.
NEW PRIVATE REMEDY AVAILABLE UNDER FNHRA – THE FEDERAL NURSING HOME REFORM ACT: QUARTERLY NEWSLETTER SUMMER 2023
On June 8, 2023, in Health and Hospital Corporation of Marion County v. Talevski, the United States Supreme Court held a nursing home resident may bring a private cause of action under 42 U.S.C. §1983 to enforce rights guaranteed under the Federal Nursing Home Reform Act (“FNHRA”). The FNHRA is intended to ensure nursing homes […]
ANNOUNCEMENTS QUARTERLY NEWSLETTER: SUMMER 2023
We are pleased to announce that Phillip Goldberg, a longtime partner of Hassard Bonnington, recently returned to the firm in an Of Counsel position. His practice remains focused on the representation of physicians and physician organizations. He serves as general counsel to most of his clients. Mr. Goldberg is an enormous asset to HB’s healthcare […]
LEGAL BARRIERS TO REPRODUCTIVE MEDICINE POST -DOBBS QUARTERLY NEWSLETTER: SUMMER 2023
Hassard Bonnington recently attended the 2023 Risk Summit: Resilience Through Collaboration: Stronger Together presented by The UCOP Office of Risk Services. Partner Julie Hansen-Arenas participated in a panel discussion regarding “Legal Barriers to Reproductive Medicine Post-Dobbs” to provide insight into the impact and implications of last year’s Supreme Court decision on the healthcare industry in California and beyond. For many […]