Lu Tiong, O'Flaherty & Belgum v. Midway Hospital Medical Center

87 F.3d 1322 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lu TIONG, Plaintiff-Appellee, O'Flaherty & Belgum, Appellant, v. MIDWAY HOSPITAL MEDICAL CENTER, Defendant. No. 95-55074. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1996. * Decided June 13, 1996. Before: FARRIS, FERNANDEZ and THOMAS, Circuit Judges. 1 MEMORANDUM ** 2 Midway Hospital Medical Center (Midway) and its law firm O'Flaherty & Belgum (O'Flaherty) appeal the district court's order awarding costs and attorney's fees against Midway and Rule 11 sanctions against O'Flaherty for the improper removal of plaintiff Tiong's amended complaint. We affirm. 3 On June 3, 1994, Tiong filed a complaint alleging, inter alia, wrongful termination in violation of state and federal public policy, citing the California Constitution and 21 C.F.R. § 606.170 . In his August 5, 1994 response to Midway's demurrer, Tiong relied solely upon 21 C.F.R. § 606.170 to support his wrongful…