Dignity Health Plays Supportive Role in Major Victory for CA Hospitals

High Court Clarifies Rule to Appeal Denial of Jury Trial
– Daily Journal

The Daily Journal covered Manatt’s role in a victory for California hospitals in the state Supreme Court. Barry Landsberg, a partner in the firm’s healthcare litigation practice, argued on behalf of Dignity Health, an amicus supporter of defendant Kindred Healthcare Inc. in the case Shaw v. Superior Court.

The high court determined that employees cannot pursue a jury trial for a wrongful retaliation claim under the state Health and Safety Code Section 1278.5(g), concluding that the statute does not provide for it and instead requires a bench trial. The high court also noted that a superior court judge is in the best position to consider both injunctive relief and monetary damages against employers liable for violations of the specific statute.

In addition to Landsberg, partner Joanna McCallum and counsel Doreen Shenfeld also worked on the case.