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 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 experience includes the following:
- Saint Alphonsus v. St. Luke's Health System, Ltd. Challenge to hospital acquisition of physician practice.
- U.S. v. Mercy Health Services. Defense of hospital merger.
- Advocacy Organization for Patients and Providers v. Mercy Health Services. Defense of hospital merger.
- Hassan v. Independent Practice Associates. Physician selection and reimbursement involving HMO.
- 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 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. 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 Indiana, Florida, Missouri, Michigan, and Pennsylvania.
- Represented merging hospitals in Port Huron, Michigan in negotiating a consent agreement with the Federal Trade Commission.
- Counseled numerous hospitals and physician groups regarding mergers and acquisitions in Indiana, Florida, California, Idaho, Mississippi, Iowa, Nebraska, Oklahoma, Michigan, Maryland, Maine, Alabama, New York, Pennsylvania, Connecticut, Massachusetts, Arizona, Kentucky, South Carolina, New Jersey and Texas.
- Counseled physician and hospital networks in Alabama, Arizona, Nebraska, Tennessee, Mississippi, Kentucky, Iowa, Michigan, and Texas.
- Defended FTC investigation of consolidated physician practice in Indiana.
- Counseled health care trade associations.
News & Resources
- David A. Ettinger is quoted as counsel to St. Alphonsus Health System in the Modern Healthcare article “St. Luke’s loses bid for rehearing in failed antitrust appeal”(April 21, 2015)
- Kenneth R. Marcus is featured in the Detroit Legal News article “Honigman attorney named Fellow by SBM Health Care Law Section”(July 9, 2014)
- David A. Ettinger is quoted in the Wall Street Journal article “FTC Wins Challenge Against Idaho Hospital Deal”(January 24, 2014)
- David A. Ettinger is quoted in the Modern Healthcare article “Judge rules St. Luke’s must give up Saltzer Medical Group”(January 24, 2014)