Kathleen Waters

SUTTER PETITION FOR REHEARING TO FULL NINTH CIRCUIT PANEL DENIED Yesterday, in our antitrust case against Sutter Health, the Ninth Circuit DENIED Sutter's petition for rehearing to the full Circuit. Sutter had challenged the Ninth Circuit Panel's Opinion reversing the jury verdict. The Panel did so because the jury that rendered that verdict was not properly advised to consider Sutter's anticompetitive "purpose" in enacting its restraints when determining whether Sutter's conduct violated law and because the trial court erroneously excluded "essential evidence," including Sutter admissions, from the jury that showed Sutter's anticompetitive purpose, market power and the anticompetitive effects that it caused. No Ninth Circuit Judge requested an en banc hearing. We were not required to provide a response. We are now headed back to the District Court. When there, we will present ALL of the essential evidence to the jury, including evidence showing that Sutter intended to harm -- and, indeed, did harm -- millions of California businesses and individuals by engaging in anticompetitive forcing to raise its hospital prices. Because of this forcing, health insurers were required to pay much more for Sutter's services than they should have, causing employers and individuals that ultimately pay these prices in the form of insurance premiums to pay more. Dominant hospital systems have caused Americans to pay much more for health care than we can afford. They should not be able to keep their ill gotten gains and this conduct needs to end. We look forward to achieving justice for the Class. Best, Matthew https://lnkd.in/eXbbdtsr

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Curious about what PAGA reform means for you? Check out this video breaking down the upcoming changes!

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In a comprehensive victory for California public agencies, the California Supreme Court decided Stone v. Alameda Health System on August 15, 2024. The Stone decision not only clarifies that California meal and rest break laws do not apply to public agencies, it also holds that Labor Code “Private Attorneys General Act” (PAGA) penalties do not apply to public agencies and clarifies that the definition of “municipal corporation” in Labor Code 220(b) includes all public employers. The decision is final, cannot be appealed, and covers the entire State of California. Liebert Cassidy Whitmore filed an amicus (friend of the court) brief in support of Alameda Health System, which was referenced by the Court in its opinion. Liebert Cassidy Whitmore attorneys are closely monitoring developments in relation to this Special Bulletin and are able to advise on the impact this could have on your organization. If you have any questions about this issue, please contact our Los Angeles, San Francisco, Fresno, San Diego, or Sacramento office. To view this Special Bulletin in its entirety, please click the below link: https://lnkd.in/g-Gbgac6 #law #legal #employmentlaw #publicemployers #employment #attorney #lawyer #laborrelations #work #labor #mealbreak #humanresources

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The issue of sexual harassment in the workplace is a serious and pervasive problem that affects many individuals in California. At RD Law Group, we know the complexities of proving a sexual harassment claim. Our Los Angeles employment lawyers can provide valuable information for those who may find themselves in a difficult situation. If you quit your job or were fired for complaining about sexual harassment, call 424-535-1550 for help from an employee rights attorney. You can also go to our website to schedule a free, confidential consultation. To learn more, go to https://lnkd.in/gxH8w9G8 #SexualHarassmentLawyers #EmploymentAttorneys #WorkersRights #RDLawGroup #CaliforniaEmployeeRights

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https://lnkd.in/gMtTCQCz What follows is a piece I have written which expands on some commentary provided in connection with a prior post on problems posed by squatters in California. #homes #housing #homeownership #homeownersrights #squatting #squatters

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Keep up-to-date with the latest developments in California arbitration law by watching episode 2 of Lewis Brisbois’ appellate podcast!

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The California Labor & Workforce Development Agency #LWDA has just released a new FAQ on the Private Attorneys General Act #PAGA, breaking down this complex law and its recent changes. My colleagues Cary Palmer and Leonora Schloss discuss the details here: https://lnkd.in/e4aBybxE

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I’m joining a great panel this Weds to talk about how AI has impacted IP, and what it means for companies looking to innovate. Hope you can join us for a great conversation!

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Listen Here: https://lnkd.in/ger_-iJJ In this episode, Laura (Miller) Dyrda speaks with Mark Sevco, Chief Operating Officer, and Dr. Todd Smith, Chief Physician Executive of Sutter Health, about their unique dyad leadership model. They discuss the benefits of partnering operations leaders with physicians to optimize healthcare delivery and share insights on their recent successes and future growth plans. For more information about Becker's Healthcare, please contact Jessica Cole or Scott Becker. #podcast #healthcare #leadership

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It’s time for companies to begin addressing California climate disclosure legislation in earnest. Now that the legislative term is over and California Governor Newsom has acted on the amendment bill that was before him, there is more clarity (albeit still some uncertainty) on what is required and when. In this post, we provide twelve thoughts on compliance with California’s climate disclosure legislation. Marc Rotter Peter Witschi

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The San Mateo County Superior Court recently announced the significant impact of state budget cuts on our judicial system. With a $97 million reduction in funding for trial courts statewide and ongoing operational challenges, the strain on court resources is real. For San Mateo, where I predominantly practice, that means reduced public service hours, longer processing times of filings, and delays in the issuance of judgments in civil and family law cases that could extend up to six months. As the courts adapt to these budget constraints, it is ever more important for litigants and attorneys to consider alternative dispute resolution methods, like mediation. Mediation offers a way to settle cases efficiently, without the extended wait times and procedural hurdles that are becoming more common in the judicial system. Mediation provides flexibility, confidentiality, faster resolution, and a more personalized approach to settling cases – with more control over the outcome. If you want to talk more about mediation, please reach out to me. #mediation #disputeresolution #californiacourts

My colleagues analyze the more than a dozen AI-focused bills signed into law in September by #California Governor Newsom. Read about the major themes covered by these new laws in the blog post below. #AI #healthcare

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Long-awaited PAGA reform is here! Check out the below article for more information on these changes.

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California’s Private Attorneys General Act has undergone substantial reform, and businesses should be prepared to utilize PAGA 2.0’s new cure and conduct of compliance features, which should substantially decrease and could possibly negate PAGA claims and damages. Alex Polishuk and Lindsay David discuss these changes in their latest update and will go into further detail in our upcoming webinar on July 31st: https://lnkd.in/ghMV6bxG. #paga #californiaemploymentlaw #employmentlaw

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I joined a new company 4 years ago after spending most of my career at the University of Southern California. At the time, I didn't realize what a big transition it was. I had been an #InHouseCounsel for more than a decade, how different could it be? Thankfully, a friend gave me Michael Watkins' classic onboarding book: The First 90 Days. It helped set me up for success. Four years later, Michael is on The Legal Department podcast sharing advice for lawyers making transitions. He says: 🤐 Curb your enthusiasm and your ego; you're in listening mode 🤝 Focus on learning and connecting ✅ Check and re-check what you're there to do; just because you heard it in the interview, doesn't mean it's a priority 💻 Get out and connect with people; don't fall into the trap of "work avoidance" We also talk about CEO transitions (i.e. how to build relationships with the new boss) and how lawyers can have a meaningful role in AI. #TheLegalDepartment #TheFirst90Days #Leadership #Transitions https://lnkd.in/gQjVeRwb

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Gov. Newsom signed SB-92 and AB-2288, drastically reforming California’s Private Attorneys General Act. Partners Shareef S. Farag and Sabrina Shadi and Associate Matthew Morris summarize the reforms and discuss how California employers now have significant financial incentive to proactively ensure that their wage and hour practices are compliant with state law. #BHAlert #Californa #LaborLaw

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A class action lawsuit against Sutter Health, a Northern California healthcare system, has been reversed and remanded by the court. The lawsuit, filed in 2012, alleged that Sutter Health used its market power to charge insurers supracompetitive rates, leading to higher premiums for class members. The court found that the jury was incorrectly instructed, as the instructions were at odds with California law. The instructions were designed to mirror the text of the Cartwright Act, which outlaws trusts and defines them in terms of their purpose, and to comport with the California Supreme Court's rule of reason analysis, which focuses on the purpose and effect of unreasonable restraints on trade. The court found that the jury was incorrectly instructed, as the instructions were at odds with California law. The instructions were designed to mirror the text of the Cartwright Act, which outlaws trusts and defines them in terms of their purpose, and to comport with the California Supreme Court's rule of reason analysis, which focuses on the purpose and effect of unreasonable restraints on trade. The court found that the jury was incorrectly instructed, as the instructions were at odds with California law. The instructions were designed to mirror the text of the Cartwright Act, which outlaws trusts and defines them in terms of their purpose, and to comport with the California Supreme Court's rule of reason analysis, which focuses on the purpose and effect of unreasonable restraints on trade. Subscribers only https://ow.ly/1MZI50Sa1jk #CaliforniaLaw #SutterHealth #ClassActionLawsuit #Antitrust

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