Two Days, Two Class Action Dismissals



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March 29, 2019

In back-to-back victories, Robinson Bradshaw attorneys secured dismissals of two different class action lawsuits over the course of two days.

In one case, Robinson Bradshaw obtained a dismissal in the North Carolina Business Court on behalf of client Mission Hospital. Three patients sued Mission Hospital and other defendants over allegations of breach of contract, interference with contractual relations, and unfair or deceptive trade practices stemming from an insurance dispute. Through his dismissal, Judge James L. Gale declined the plaintiffs’ invitation to insert the judiciary into the complex system of emergency department medical billing and insurance coverage governed by numerous statutes. The dismissal also avoided briefing on complex class certification issues and eliminated a substantial potential monetary exposure for Mission Hospital.

Robert W. Fuller and Mark A. Hiller represented Mission Hospital in this case.

In the second case, Robinson Bradshaw attorneys secured the dismissal of an ERISA suit against client Canal Holdings, LLC in federal district court. A group of former employees sued Canal Holdings and other defendants for allegedly violating ERISA by not providing severance benefits to the group following a layoff. U.S. District Judge Louise W. Flanagan dismissed the suit. She agreed with Robinson Bradshaw’s argument that the language of the relevant severance plan precluded the plaintiffs’ claims.

Douglas M. Jarrell and Mark A. Hiller represented Canal Holdings. Law360 covered the dismissal; “Wood Chip Co. Dodges Severance Suit After Facility Fire” is available here.

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