“The U. S. District Court for the Middle District of Pennsylvania ruled that Lewistown Hospital was not entitled to recover the legal costs incurred fighting the allegations of Dr. Alan D. Gordon under the Sherman Act because the hospital could not show the claims brought by the ophthalmologist were frivolous or unreasonable, or brought in
October 2006
Should You Have A Liquidated Damages Provision as Part of Your Restrictive Covenant?
By Michael Cassidy on
Posted in Uncategorized
Restrictive covenants are often the most complicated clauses in a physician employment contract. Medical practices and their lawyers are constantly striving to make these non-competition agreements more protective, more comprehensive and more enforceable. Sometimes this "more is better" approach backfires!
Continue Reading Should You Have A Liquidated Damages Provision as Part of Your Restrictive Covenant?
Ohio State Appellate Court Apparently Endorses Bad Faith Peer Review
By Michael Cassidy on
Posted in Credentialing and Peer Review
Cowett v. TCH Pediatrics Inc. seems to endorse bad faith peer review, but a closer examination of the opinion should reveal a significant distinction between bad faith peer review and peer review involving legitimate peer review concerns in situations which also include bad faith motivations among the peer review entities.
After following the fair hearing…
Poliner Award Reduced to $22 Million on Remittitur
By Michael Cassidy on
Posted in Credentialing and Peer Review
A federal district court in Texas has ruled that Dr. Poliner can either accept a reduced damages award of $22 million or face a new trial. The U.S. District Court for the Northern District of Texas granted a motion by Presbyterian Hospital Dallas (Texas Health Systems) and Dr. James Knochel to reduce the damage award for…