What the panel ordered
Removal granted; case remanded to trial level for further proceedings and decision consistent with opinion.
Petition for Removal filed by lien claimants alleging denial of due process in discovery and litigation participation, with no final decision issued at trial level.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The lien claimants were denied discovery, cross-examination, and notice of hearings, which denied them due process and caused substantial prejudice.
From the decision · page 110 Lien claimants Beverly Radiology Medical Group, Internal
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Lien claimants were not served with notice of mandatory settlement conference or trial hearings.
Favours Applicant prevailed
This lack of notice denied lien claimants the opportunity to participate and defend their interests, constituting a denial of due process.