54 results for 'cat:"Health Care" AND cat:"Contract"'.
J. Cadish finds the district court properly dismissed the death row inmate's suit against the drug distributor that handles the drugs that will be used in his lethal injection. The inmate claims the distributor falsely represented it had legitimate medical rationales for purchasing the drugs. Though the inmate made a showing he was an incidental beneficiary, he did not adequately allege how he relied on the sale agreements. He also did not properly allege the distributor owed him a duty. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: May 10, 2024, Case #: 85826, Categories: health Care, contract, Prisoners' Rights
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: health Care, Experts, contract
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, health Care, contract
J. Castner transfers this case, in which a laboratory claims that health care organizations failed to pay for completed test orders including Covid-19 tests. The health care organizations are based in Texas and, while federal jurisdiction is appropriate, the New Jersey district court lacks personal jurisdiction. The case is transferred to the Southern District of Texas.
Court: USDC New Jersey, Judge: Castner, Filed On: April 30, 2024, Case #: 4:24cv1642, NOS: Other Contract - Contract, Categories: health Care, Jurisdiction, contract
J. Morrison denies the medical provider's motion for summary judgment, ruling undisputed facts show it prevented the claim recovery company from accessing its billing systems following a dispute about the parties' contract, which is sufficient for the breach of contract claim to proceed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: April 24, 2024, Case #: 2:21cv1501, NOS: Other Contract - Contract, Categories: Evidence, health Care, contract
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J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: health Care, Insurance, contract
Per curiam, the court of appeals conditionally grants the hospital's petition for a writ of mandamus challenging the trial court's discovery order. The hospital promised to pay the provider for physicians after its parent company sold other hospitals. The hospital objected to expedited discovery as being based on the provider's speculation the hospital might be unable to pay a judgment that had not yet been issued. The provider has not alleged certain assets subject to discovery are encumbered by any security interest. The trial court improperly ordered production of documents not relevant to the pending action.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 4, 2024, Case #: 09-24-00034-CV, Categories: health Care, Discovery, contract
J. Jenkins finds the lower court properly determined that an arbitration agreement, signed by a health care agent, does not bind the principal to its terms. A patient at a skilled nursing facility had executed a medical power of attorney prior to being admitted. The power of attorney designated a specific person to act as his agent concerning health care matters, and when the patient experienced a medical circumstance that required a stay at a skilled nursing facility, his agent signed a contract for the patient to be admitted and a separate arbitration agreement. When the patient was discharged and decided to file suit against the nursing facility regarding his care, the nursing facility asked the court to compel arbitration per the agreement. But the lower court found that the patient’s admission was not contingent upon the agent signing the separate arbitration agreement, therefore the arbitration agreement was outside the scope of the agent’s authority, as it was not a health care decision at that point. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: March 28, 2024, Case #: S276545, Categories: Arbitration, health Care, contract
J. Wood finds the county court improperly found for a healthcare company on a doctor's contract claims. The emergency room physician was terminated from the independent contractor agreement after complaints led to findings of his use of nonstandard diagnostics, a lack of candor and having unprofessional interpersonal skills. The court improperly included hearsay statements made by another doctor regarding the physician's not being placed on the work schedule. There is no other admissible evidence in the record that a particular hospital would not allow the physician to work at its locations. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 27, 2024, Case #: CV-22-745, Categories: health Care, Medical Malpractice, contract
J. Boulware grants the behavioral health group's motion to dismiss this breach of contract action. The parties are both citizens of Florida and, having already found that the commercial construction company is a citizen of Florida, the court is without subject matter jurisdiction.
Court: USDC Nevada, Judge: Boulware , Filed On: March 22, 2024, Case #: 2:21cv1790, NOS: Other Contract - Contract, Categories: health Care, Jurisdiction, contract
J. Ruiz denies the health care providers' motion to dismiss on the grounds of res judicata, ruling their settlement with the Ohio Attorney General does not bar the current action. Although it deals with the same subject matter - the operation of sham corporations to funnel health insurance premiums to individuals running the companies - the attorney general could not litigate claims on the part of the consumers who filed the lawsuit.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: March 20, 2024, Case #: 5:21cv2001, NOS: Other Contract - Contract, Categories: Civil Procedure, health Care, contract
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: health Care, contract, Labor
J. Ellis denies the defendant Covid-19 testing site operator’s motion to dismiss a contract complaint brought by the suing health care revenue services company, but grants the operator’s motion to move the case to the federal court district of Nebraska. The revenue services company claims the testing site operator hasn’t paid up for four invoices related to its efforts to collect patients’ outstanding debts. The court finds that, while it does have sufficient jurisdiction over the case for it to survive a dismissal motion, the better venue is Nebraska, where the testing site operator maintains its primary place of business.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: March 11, 2024, Case #: 1:23cv6445, NOS: Other Contract - Contract, Categories: health Care, Venue, contract
J. Grove finds the lower court properly determined the county could not be held liable for acceleration payments past fiscal year 2021 when it terminated a services agreement with the therapy provider. Those payments were predicated on appropriations the county never made. Affirmed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: February 29, 2024, Case #: 2024COA24, Categories: health Care, contract
J. Gladwin finds the county court properly denied the eldercare facility's motion to compel arbitration on an estate's claims the mother sustained injuries, infections and an untimely death. The daughter controlling the mother's financial matter's acceptance of the care is not sufficient to constitute implied ratification considering her sister's improper execution of the agreement under the assumption of authority pursuant to her appointment as an alternate agent for power of attorney. There was no valid arbitration agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 28, 2024, Case #: CV-22-400, Categories: Arbitration, health Care, contract
J. Quattlebaum finds the lower court properly granted summary judgment to the insurance company. Patients sued a pediatric clinic after discovering the clinic’s in-house psychologists had lied about her credentials. The clinic's insurance company proved they could rescind its policy because the owner misrepresented that she had thoroughly checked her employees' credentials. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: February 16, 2024, Case #: 22-1994, Categories: health Care, Insurance, contract
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: health Care, Immunity, contract
J. Saylor grants in part a Dutch multinational corporation’s motion to dismiss claims brought against it by a business that makes medical equipment for federal agencies, which allegedly terminated a contract with the Dutch company in retaliation for repeatedly raising concerns related to government product certification. Wrongful termination applies, as a theory of liability, to employees but it not to commercial entities.
Court: USDC Massachusetts, Judge: Saylor, Filed On: February 12, 2024, Case #: 1:23cv11025, NOS: Other Contract - Contract, Categories: health Care, Business Practices, contract
J. Hagen finds that the trial court properly rejected a doctor's claim that he was entitled to a formal review process before the clinical privileges that came with his employment were withdrawn. A valid release in his employment contract barred any claims about his appointment, clinical privileges or qualifications. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: February 8, 2024, Case #: 20220638, Categories: Employment, health Care, contract
J. Schofield dismisses all but the breach of contract claim against the packaging company over its cancellation of the parties' contract after a dispute over the pharmaceutical company's requests for "true-up" compensation. The complaint adequately alleges that the packaging company never objected to true-up payments when they were in its favor, but failed to honor the agreement when it was expected to repay monies received.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: February 2, 2024, Case #: 1:23cv1825, NOS: Other Contract - Contract, Categories: health Care, contract
J. Thompson denies a pharmaceutical company’s motion to dismiss or to transfer venue to the district of New Jersey in this breach of contract lawsuit brought a health rebate administration company. The pharmaceutical company alleges this court lacks personal jurisdiction, but it has been transacting business in the jurisdiction for years. Therefore, the burden of compelling reasons cannot be established for a change in venue.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: November 14, 2023, Case #: 2:22cv639, NOS: Other Contract - Contract, Categories: health Care, Venue, contract
J. Eisnaugle finds the trial court properly found for the medical group in its dispute with the insurance company over coverage of medical bills stemming from a car accident. The insurance company incorrectly interprets the relevant Florida law, which only requires an itemized billing statement to list "each exact amount" in a claim, so its argument that the medical group's notice of intent to litigate provided deficient billing information fails. The trial court's order is upheld, and a conflict with two previous appellate court decisions is certified. Affirmed.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: October 27, 2023, Case #: 22-0603, Categories: health Care, Insurance, contract
J. Guidry finds that the trial court properly ruled in favor of the state government agencies in the pharmacy parties' suit challenging a contract entered into with CaremarkPCS Health. The agencies' exception of no cause of action was correctly granted since the disputed contract is a consulting services contract not subject to review by the Joint Legislative Committee on the Budget. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: October 20, 2023, Case #: 2023CA0054, Categories: Government, health Care, contract