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  • PeriRx, Inc. v. The Regents of the Univ. of California

    Publication Date: 2022-02-07
    Practice Area: Patent Litigation
    Industry: Health Care | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0129

    Defendants sought sanctions against plaintiff and its attorney in plaintiff's patent licensing action and court found sloppiness on the part of plaintiff and its counsel but only found plaintiff's alter ego arguments at summary judgment sanctionable as were its statute of limitations tolling arguments and allegations as to another university's involvement. Motion granted in part and denied in part.

  • Jennings v. Wolf

    Publication Date: 2022-01-31
    Practice Area: Health Care Law
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0099

    Proposed intervenors moved to intervene in plaintiffs' action against Pennsylvania Department of Human Services to ensure the settlement in their prior litigation was not disturbed or undermined by this action and also asserted claim preclusion as a bar against collateral attacks on that settlement and court denied intervention as of right because intervenors did not and could not show that their settlement would be negatively affected as a practical matter by a judgment in plaintiff's favor and court also denied permissive interventi

  • Wang v. Univ. of Pittsburgh

    Publication Date: 2022-01-24
    Practice Area: Civil Rights
    Industry: Education | Health Care | Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Horan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0075

    Defendants moved to dismiss plaintiff's §1983, title VI, §1981 and state law claims based on defendant's actions and statements after plaintiff published an article concerning diversity in the cardiology workplace and court dismissed claims against University of Pittsburgh Medical Center, University of Pittsburgh Physicians, individual doctors and University of Pittsburgh with leave to amend and dismissed claims against publisher without leave to amend. Motions granted in part and denied in part.

  • Keystone RX LLC v. Bureau of Workers' Comp. Fee Review Hearing Office

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Health Care | Insurance | Retail
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0048

    Commonwealth court correctly affirmed hearing officer's order that a non-treating healthcare provider could not challenge a utilization review determination but erred in concluding the act improperly failed to account for the due process rights of non-treating providers and engrafting onto the act a requirement that non-treating providers receive notice and an opportunity to intervene in UR proceedings. Affirmed in part.

  • Hyman v. St. Luke's Hosp.

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1525

    The court held that plaintiff's complaint, which alleged dates of care, places of care, identified several defendant providers by name and averred that certain agents of defendant hospital and medical group were unknown to plaintiff but known to defendants, possessed sufficient specificity to withstand defendants' preliminary objection. Additionally, plaintiff's claim of corporate negligence directed to defendant physician group and health network did not fail under Pa.R.Civ.P. 1028 (a)(4) because the allegations established that the

  • Law Journal Press | Digital Book

    America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition

    Authors: Mary Anthony Merchant

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  • Geisinger Clinic v. Rogan

    Publication Date: 2022-01-17
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1524

    The court held that plaintiff could amend its complaint sounding in breach of restrictive covenant to drop claim for specific performance and add claim for monetary damages because defendant would suffer no undue prejudice. Decision made by judge in preliminary injunction hearing that the restrictive covenant was unenforceable was not a final decision, so it was not the law of the case or binding. Motion for leave to amend granted.

  • Lageman v. Zepp

    Publication Date: 2022-01-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0040

    After presenting some direct evidence of negligence, a medical malpractice plaintiff was not precluded from also receiving a res ipsa loquitur jury instruction after presenting substantial circumstantial evidence of the doctor's negligence. Order of the superior court affirmed.

  • Margel v. Noga Ambulance Serv., Inc.

    Publication Date: 2022-01-10
    Practice Area: Health Care Law
    Industry: Health Care | Transportation
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1429

    Plaintiff had no private right of action under the Health Insurance Portability and Accountability Act for defendants' alleged disclosure of her private medical information, and she could not circumvent the mechanics of that act by pursuing claims for negligence per se relating to defendants' alleged violations of HIPAA. The court sustained defendants' preliminary objection in part.

  • Alana Healthcare, LLC v. Cigna Corporate Serv., LLC

    Publication Date: 2022-01-10
    Practice Area: Contracts
    Industry: Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0017

    The alleged duty underlying plaintiff's tortious interference with a prospective contract claim against the defendant insurer was purely contractual; therefore, the claim was barred under the gist of the action doctrine, which ensures that a party does not bring a tort claim for what is, in truth, a breach of contract claim. The court granted in part defendant's motion to dismiss.

  • Dix v. Lenape Valley Found.

    Publication Date: 2022-01-10
    Practice Area: Civil Rights
    Industry: Health Care | Non-Profit
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0002

    Defendant employer moved for summary judgment in plaintiff's employment race discrimination and retaliation action and court found plaintiff established a prima facie case where supervisor summarily terminated all five African-American employees without interviewing four of them after complaints by Caucasian employees against African-American manager. Motion denied.