CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al

Supreme Court of Pennsylvania

CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al

DecidedDecember 13, 2023

Docket300 MAL 2023 (Granted)

StatusPublished

This text of CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al (CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al, (Pa. 2023).

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Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CKHS, INC. AND THE FOUNDATION FOR : No. 299 MAL 2023 DELAWARE COUNTY, : : Petitioners : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : PROSPECT MEDICAL HOLDINGS, INC. : AND PROSPECT CROZER, LLC, AND : COMMONWEALTH OF PENNSYLVANIA, : : Respondents :

CKHS, INC. AND THE FOUNDATION FOR : No. 300 MAL 2023 DELAWARE COUNTY, : : Petitioner : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : PROSPECT MEDICAL HOLDINGS, INC. : AND PROSPECT CROZER, LLC, AND : COMMONWEALTH OF PENNSYLVANIA, : : Respondent :

ORDER

PER CURIAM

AND NOW, this 13th day of December, 2023, the Petition for Allowance of Appeal

is GRANTED. The issue, rephrased for clarity, is: Whether, in an issue of statewide importance, the Commonwealth Court erred when it disregarded this Court’s express direction to apply a “highly deferential” standard of review and, substituting its judgment for that of the trial court, overturned an emergency preliminary injunction—entered on a record not yet fully developed—on the grounds that there was insufficient evidence of irreparable harm, where the harm to the local community when Appellees closed their only local hospital was stipulated in the parties’ contract, proven by the testimony of record, and palpable on the face of the record?

[299 MAL 2023 and 300 MAL 2023] - 2

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

CKHS, INC. AND THE FOUNDATION FOR : No. 299 MAL 2023 DELAWARE COUNTY, : : Petitioners : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : PROSPECT MEDICAL HOLDINGS, INC. : AND PROSPECT CROZER, LLC, AND : COMMONWEALTH OF PENNSYLVANIA, : : Respondents :

CKHS, INC. AND THE FOUNDATION FOR : No. 300 MAL 2023 DELAWARE COUNTY, : : Petitioner : Petition for Allowance of Appeal : from the Order of the : Commonwealth Court v. : : : PROSPECT MEDICAL HOLDINGS, INC. : AND PROSPECT CROZER, LLC, AND : COMMONWEALTH OF PENNSYLVANIA, : : Respondent :

ORDER

PER CURIAM

AND NOW, this 13th day of December, 2023, the Petition for Allowance of Appeal

is GRANTED. The issue, rephrased for clarity, is: Whether, in an issue of statewide importance, the Commonwealth Court erred when it disregarded this Court’s express direction to apply a “highly deferential” standard of review and, substituting its judgment for that of the trial court, overturned an emergency preliminary injunction—entered on a record not yet fully developed—on the grounds that there was insufficient evidence of irreparable harm, where the harm to the local community when Appellees closed their only local hospital was stipulated in the parties’ contract, proven by the testimony of record, and palpable on the face of the record?

[299 MAL 2023 and 300 MAL 2023] - 2

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CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ckhs-inc-v-prospect-med-hldgs-incet-al-pa-2023.