Recent Success

Successful Demurrer Leads to Dismissal of Ten Cause of Action Civil Rights/Employment Law Claim

The plaintiff filed a wrongful termination complaint incorporating thirty-six causes of action, ten of which were alleged against the defendant physician who performed a fitness for duty evaluation.  The plaintiff alleged there was a conspiracy to prevent him from returning to work following a period of disability, which was related to complaints of anxiety.  After numerous unsuccessful attempts to complete a fitness for duty evaluation with the defendant physician, the plaintiff’s employment was eventually terminated. 

As to the defendant physician, the plaintiff alleged violations of federal and state civil rights, as well as employment and related confidentiality claims.  Neil Dymott attorney David Burke filed an initial demurrer as to all causes of action alleged against the defendant physician.  This demurrer was granted in its entirety, but the plaintiff was given leave to amend.  The plaintiff then filed an amended complaint, but reduced the number of claims against the defendant physician from ten to just four.  The defendant physician again demurred as to all remaining claims.  Days before the second demurrer was set to be ruled on, the plaintiff requested a dismissal of the defendant physician with prejudice in exchange for a waiver of costs.


David P. Burke is a shareholder at Neil Dymott. His areas of practice include appellate law, the defense of healthcare professionals and general civil litigation. Mr. Burke may be reached at (619) 238-1712 or dburke@neildymott.com

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