Courts are Required to Award Attorney Fees to a Substantially Prevailing Party in Peer Review Lawsuits

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In Smith v. Selma Community Hospital, 2010 DJDAR 13933 (2010), the California Court of Appeal, Fifth District, held that under Business and Professions Code Section 809.9, a substantially prevailing party in a peer review lawsuit is entitled to an attorney fee award if the other party’s conduct in bringing, defending or litigating the case was frivolous, unreasonable, without foundation or in bad faith.

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Published In: Business Torts Updates, Civil Procedure Updates, Civil Remedies Updates, Health Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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