Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Global Diagnostic Dev. LLC v. Diagnostic Imaging of Atlanta

The trial court erred in failing to give deference to the State Health Planning Review Board's final decision to grant a certificate of need to the first appellant to purchase the equipment and assets of a diagnostic imaging center, which is under a cease and desist order issued by the Georgia Department of Community Health.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In 2001, North Atlanta Scan Associates, Inc., relocated its diagnostic imaging center from one Atlanta location to another. In 2003, the Georgia Department of Community Health issued a cease and desist order, directing North Atlanta to shut down its facility because it had failed to obtain the required certificate of need before relocating the imaging center.1 Thereafter, Global Diagnostic Development, LLC, applied to the department for a certificate of need, proposing to purchase the equipment and assets of North Atlanta for the purpose of operating a diagnostic imaging center at that same location. The department granted the certificate of need, allowing the transfer of the North Atlanta equipment and assets to Global. Northside Hospital, Inc., and Diagnostic Imaging of Atlanta, competitors with Global, appealed the department’s decision to grant the certificate of need, arguing that the sale of assets from North Atlanta to Global is a sham transaction because both companies are owned by the same person, Dr. Howard Rosing. A hearing officer affirmed the department’s decision to grant the certificate of need to Global, and the State Health Planning Review Board affirmed the hearing officer’s decision.

Northside and Diagnostic sought judicial review, and the superior court reversed the board’s final decision. Global and the department filed separate applications for discretionary review of the trial court’s ruling in favor of Diagnostic and Northside. Because the appeals arise from the same facts and raise the same issues, they shall be considered together in this opinion.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements