Updates on SLAPP in Medical Staff Proceedings

California Lawyers Association Business Law Section’s Health Law Standing Committee
07.10.2019
12:00 - 1:00 p.m. PT

Carlo Coppo presented "Updates on SLAPP in Medical Staff Proceedings" during the July meeting of the California Lawyers Association Business Law Section’s Health Law Standing Committee. This presentation was the third in a series of presentations to the Committee on the status of the law of anti-SLAPP as it applies to healthcare litigation with particular focus on physician lawsuits against hospitals and peer review bodies following the imposition of corrective action.

Carlo discussed Wilson v CNN, a case before the California Supreme Court in which the issue is whether allegations by a plaintiff of retaliation discrimination are relevant under Prong One of the anti-SLAPP analysis regarding the application of CCP 425.16. The significance of Wilson is whether the Court will find that the mere allegation of the motive behind an adverse employment action will bar the application of the statute, or whether the signification of motive is to be reserved for Prong Two of the anti-SLAPP analysis. The significance is also whether the Court will address the unique need in healthcare for anti-SLAPP protection against premature, harassing lawsuits by physicians who have not exhausted their internal administrative or external judicial remedies.

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