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Employment Law
Wrongful Termination
Race Discrimination

Drew Fenton, et al. v. Centinela Hospital, et al.

Published: Jan. 1, 2000 | Result Date: Jun. 30, 1999 | Filing Date: Jan. 1, 1900 |

Case number: YC022791 Bench Decision –  $0

Judge

Thomas P. Allen Jr.

Court

L.A. Superior Torrance


Attorneys

Plaintiff

James M. Fizzolio


Defendant

Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)


Experts

Plaintiff

Jennifer L. Polhemus
(technical)

Defendant

Barry R. Gumerove
(technical)

Facts

The plaintiffs, Drew Fenton, M.D., and Klaus Wagener, M.D., were employed as emergency physicians by Leon Artzner, M.D., under an exclusive contract between Dr. Leon Artzner M.D. and Centinela Hospital. Their contracts became effective in January 1993. In October 1993, the hospital terminated the Artzner contract, causing plaintiffs to loose their position. The plaintiffs brought this action against the hospital based on wrongful termination and violation of due process theory of recovery. The due process claim was based exclusively upon the conduct of Centinela's president, Russell Stromberg, in ordering CEP, the new contract holder to not hire any of the physicians who were formerly employed by Dr. Artzner on the ground that his interference was illegal and violated their property rights as licensed emergency department physicians.

Settlement Discussions

The plaintiffs made a settlement demand for $400,000. Pursuant to the requests of defendant that plaintiff make a settlement offer, the plaintiffs made a settlement offer of $400,000, which defendant promptly ignored and made no counter offer.

Damages

The plaintiffs claimed an undisclosed amount in damages.

Other Information

The bench decision was rendered approximately _____ years and __________ months after the case was filed. A settlement conference/ arbitration / mediation was held on _____________, 19__ before __________________________ (name) of ___________________________ (affiliation), resulting in ______________________________________.


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