Overview
We have been one of the preeminent national firms in the healthcare antitrust area for many years. Our efforts have included one of the leading hospital merger cases and one of the leading cases in Health Maintenance Organization (HMO) antitrust liability. We have represented a wide variety of hospitals, networks, and physician practices in litigation, counseling, and representation before government agencies in more than 30 states. Our efforts have also focused on advice, counseling and defense of investigations and litigation with regard to information exchange, physician transactions, and health plan transactions. Our experience includes the following:
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Holy Cross Hospital, Inc. v. American Anesthesiology Services of Florida, Inc., et al. Antitrust challenge to noncompete and nonsolicitation clauses.
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St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C., et al. Antitrust challenge to noncompete and nonsolicitation clauses.
- Saint Francis Hospital and Medical Center, Inc. v. Hartford HealthCare Corporation, et al. Challenge to physician practice acquisitions and other anticompetitive actions.
- St. Luke’s Hospital, et al. v. ProMedica Health System, Inc., et al. Challenge to anticompetitive actions by dominant hospital system.
- Trinity Health Corporation v. Anesthesia Associates of Ann Arbor, PLLC. Antitrust challenge to noncompete clauses covering hospital-based physicians at 6 hospitals.
- Saint Alphonsus v. St. Luke's Health System, Ltd. Successful challenge to hospital acquisition of physician practice.
- BRFHH Shreveport v. Willis-Knighton. Challenge to threatened agreements between hospital and medical school practice.
- BRFHH Shreveport v. Willis-Knighton. Claim of coercion of hospital medical staff in order to suppress cooperation with hospital and thereby to harm competition.
- U.S. v. Mercy Health Services. Successful defense of a hospital merger against a Justice Department challenge
- Advocacy Organization for Patients and Providers v. Mercy Health Services. Defense of hospital merger.
- Hassan v. Independent Practice Associates. A leading case on HMO and network antitrust liability.
- Health First, Inc. v. Bronson Methodist Hospital. Antitrust issues involving HMO.
- U.S. v. Federation of Certified Surgeons and Specialists. Defense of Department of Justice investigation and negotiation of a consent agreement on behalf of a Florida network of general surgeons.
- In the Matter of Texas Surgeons, P.A. Defense of an antitrust investigation by the Federal Trade Commission (FTC) and Texas Attorney General and negotiation of a consent decree on behalf of an Austin, Texas, network of general surgeons.
- Williams v. Kleaveland. Defense of conspiracy claim relating to loss of medical staff privileges.
- D&M Orthotics and Prosthetics v. Sisters of Mercy Health Corp. Defense of claim of exclusion of provider.
- Beyer v. Bronson Methodist Hospital. Defense of physician staff privileges claim.
- Sarin v. Samaritan Health Center. Defense of physician staff privileges claim.
- Ezpeleta v. Sisters of Mercy Health Corp. Exclusive physician contract case.
- Mid-Michigan Radiology Associates v. Central Michigan Community Hospital. Exclusive radiology contract case.
- Associated Foot Surgeons v. National Foot Care Program, Inc. Defense of boycott claim against PPO.
- Chi v. Sisters of Mercy Health Corporation. Defense of preliminary injunction against exclusive physician contract.
- Modi v. Port Huron Hospital. Defense of claim relating to exclusive physician contracts.
- Glen Eden Hospital v. Blue Cross Blue Shield. Defense of price-fixing claim against Blue Cross plan and hospital association.
- Patel v Northern Arizona Healthcare. Defense of claims that hospital system attempted to monopolize cardiology services.
- Calabrese v. St. Mary's. Defense of antitrust claims relating to physician exclusion.
- Cason-Merendo v. Detroit Medical Center. Defense of class action alleging conspiracy to suppress nurses' wages.
- Heartland Surgical Specialty Hospital, LLC v. Midwest Division, Inc. Defense of claim of boycott of physician-owned specialty hospital.
- PC Healthcare Enterprises, Inc. v. Arizona Hospital and Healthcare Association. Claim of fixing of per diem nurses' wages.
- Doe v. Arizona Hospital & Health Care Association. Putative class action alleging price fixing in the purchase of per diem nurse and traveler nurse services.
- Commonwealth of Pennsylvania v. Urology of Central Pennsylvania, Inc. Defense of physician merger and negotiation of consent order.
- Health Alliance Plan of Michigan v. Blue Cross Blue Shield of Michigan Mutual Insurance Company. Claim arising out of most favored nations clauses.
- Defended government investigations of hospitals, physician practices, and hospital networks in Florida, Indiana, Michigan, Missouri, and Pennsylvania.
- Represented merging hospitals in Port Huron, Michigan, in negotiating a consent agreement with the FTC.
- Counseled numerous hospitals and physician groups regarding mergers and acquisitions in Alabama, Arizona, California, Connecticut, Florida, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, New Jersey, New York, Oklahoma, Pennsylvania, South Carolina, and Texas.
- Counseled physician and hospital networks in Alabama, Arizona, Iowa, Kentucky, Michigan, Mississippi, Nebraska, Tennessee, and Texas.
- Defended FTC investigation of consolidated physician practice in Indiana.
- Counseled healthcare trade associations.