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Alexander Kirkpatrick Prevails in Critical Mandate Trial

Fenton Law Group Of Counsel Alexander Kirkpatrick recently prevailed for a doctor in a hard-fought mandate proceeding in Sacramento Superior Court. His client, a Los Angeles-based internal medicine specialist, had been removed without cause from his membership on a Panel of disability evaluators. The panel is maintained by the California Department of Social Services to evaluate applicants for disability benefits under the federal Social Security Act. In a final decision filed October 22, Judge James P. Arguelles ruled that the Department of Social Services improperly terminated the physician ...

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Fenton Law Group Successfully Represents Tenured Professor Against Misconduct Charges

Henry Fenton and Summer Main recently achieved a successful result for a tenured professor at a major university. The professor was charged with serious misconduct and his dismissal was sought with revocation of tenure. He retained Fenton Law Group to represent him. The case was brought before a hearing panel, before which extensive testimony was presented by both sides. Summer Main represented him at the hearing. The hearing panel determined that neither dismissal nor revocation of tenure was warranted.
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California Court of Appeal Affirms Fenton Law Group Anti-SLAPP Win

In a unanimous opinion, the Court of Appeal, Second Appellate District, affirmed an order of the Los Angeles Superior Court issued in May 2018 granting a physician’s anti-SLAPP motion to a cross-complaint and denying a defendant’s simultaneous anti-SLAPP motion to the underlying complaint. The defendant appealed the trial court’s order. The appellate court agreed with the trial court’s findings that the physician had demonstrated a probability of prevailing on the claim in the complaint, while the defendant had failed to submit admissible evidence establishing the timeliness of her ...

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Fenton Law Group Successfully Represents USC Scientist and Tenured Professor Against Misconduct Allegations

Henry Fenton and Summer Main recently achieved an outstanding result for their client, a pharmaceutical research scientist and tenured professor with the University of Southern California, who was disciplined by USC for alleged misconduct. The firm resolved the matter, pre-litigation, through USC’s appellate grievance process and negotiations with USC’s legal counsel. After a second appellate review of the client’s discipline, he was nearly completely exonerated. He had previously received a substantial pay cut and was forced to have a third-party supervise his interactions with students...

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Henry Fenton and Nick Jurkowitz Successfully Represent Ophthalmologist in Medical Board Case

Henry Fenton and Nick Jurkowitz successfully represented a physician before the Medical Board of California in the dismissal of an Accusation without having to conduct a hearing. In the case, the Medical Board alleged that an ophthalmologist engaged in gross negligence with respect to her care and treatment of a pediatric patient. The issue was brought to the Medical Board’s attention by a competitor ophthalmologist, and the claims were specious at best. Af...

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Fenton Law Group Successfully Defends Client in Medical Board Matter

Henry Fenton and Summer Main recently obtained an outstanding result for the firm by successfully defending a physician client against claims of gross negligence, repeated acts of negligence, and abetting the unlicensed practice of medicine. According to the complaint, the client overprescribed controlled substances to a former patient turned employee through an electronic prescription system. The employee then proceeded to sell the prescribed drugs. As a result of Fenton Law Group’s representation, it was successfully established that the employee had effectively...

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Nicholas Jurkowitz and Alexandra de Rivera Win Dismissal of Qui Tam Complaint

Nick Jurkowitz and Alexandra de Rivera won dismissal of a qui tam complaint against a Southern California pharmacy. Qui tam relator alleged that the pharmacy had submitted false claims for reimbursement to Medicare. The court dismissed the complaint on the basis that relator’s allegations failed to state a False Claims Act violation....

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Nick Jurkowitz Wins Medical Board Matter for Physician Client

In an outstanding recent result for the firm, Nick Jurkowitz successfully defended a physician client against an accusation that he had recommended unnecessary surgical procedures to an elderly patient, who had come to him complaining of severe leg pain. According to the complaint, the firm’s physician client incorrectly diagnosed the patient with venous disease after reviewing results from an ultrasound, and proceeded to recommend a total of six unnecessary abalation surgeries to resolve the patient's leg issues. The patient then sought a second opinion from another physician, who disagr...

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Henry Fenton Successfully Helps Doctor Client Obtain Unrestricted Medical License

Henry Fenton recently assisted a doctor client in obtaining a California Medical License after years of retaliatory and unfair criticism threatened to ruin the doctor's career. During his residency, the doctor in training made a complaint about the quality of nursing at the hospital where he was completing his residency. His record was stellar up until he filed the complaint. After filing the complaint, the doctor was suddenly unfairly criticized, and subsequently ap...

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Fenton Law Group Successfully Opposes Penal Code section 23 Request

Fenton Law Group successfully opposed a Penal Code section 23 request made by the Dental Board of California before the San Diego Superior Court. The Board sought an order before the Court to restrict/suspend a practitioner’s dental license during the pendency of a criminal proceeding. Fenton Law Group successfully argued that such a restriction would be in contravention of state and federal due process requirements, as articulated in Naidu c. Superior Court (2018) 20 Cal.App.5th 300 and Gray v. Superior Court (2005) 125 Cal.App.4th 629, and the Boa...

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