Case Study: Wilson Vs. Blue Ridge Elec

Improved Essays
to not make a UDPTA claim.” Wilson v. Blue Ridge Elec. Mbrshp. Corp., 157 N.C. App. 355, 578 S.E.2d 692 (2003).
Dr. Stout was an employee of the Practice and therefore cannot claim the Practice violated the UDPTA. To the extent liability against Health Management and the Hospital is derivative on Dr. Stout’s employment at the Practice, those claims are also barred.
Dr. Stout’s alleged harm consists of the following: lost wages, foregone employment opportunities, and expenses incurred in defending this case. These alleged injuries do not sufficiently impact commerce. They are related to Dr. Stout’s employment relationship, which cannot form the basis for a UDTPA claim. Accordingly, dismissal for a third-party claim under UDTPA is appropriate

Related Documents

  • Improved Essays

    In Valley Medical Specialists v. Faber, 194 Ariz. 363, 982 P.2d 1277 (1999), the court held that the covenant between Plaintiff Valley Medical Specialists and Defendant Faber would not be enforceable. Valley Medical Specialists employed Dr. Faber as an internist and pulmonologist in 1985 to treated HIV-positive patients. This therapy known as Brachytherapy could only be treated at certain facilities as not all facilities obtained the necessary equipment to do so. When Dr. Faber ended his employment with Valley Medical Specialists, he signed a covenant. The covenant prevented Dr. Faber from accepting employment in a competing facility in a five-mile radius.…

    • 238 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    I investigated the 2009 Texas Whistleblower case concerning registered nurses Anne Mitchell and Vickilyn Galle, and Dr. Rolando Arafiles Jr.. Mitchell and Galle anonymously reported their concerns to the Texas Medical Board, on the standards of care provided, at Winkler County Memorial Hospital and the Winkler County Rural Health Clinic, by physician Dr. Arafiles. The letter reported that Dr. Rolando Arafiles Jr. was promoting his herbal supplements by encouraging his patients to purchase them and that he had performed a procedure on a patient in their home using the hospital's supplies. In August of 2009, Galle and Mitchell decided to settle their civil lawsuit against Dr. Arafiles and the federal lawsuit, without acknowledging liability,…

    • 342 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    Case Analysis: Clackamas Gastroenterology Associates, P.C. v. Wells Christi Wall Regis University Case Analysis: Clackamas Gastroenterology Associates, P.C. v. Wells The 2003 discrimination dispute between Clackamas Gastroenterology Associates and Deborah Wells sparked an important debate surrounding the relationships between an employer and its employees. The case provides critical guidelines for businesses today regarding employment relationships and what constitutes an “employee”, as well as guidelines for legal obligations under federal antidiscrimination laws. STATEMENT OF FACTS Deborah Wells, a disabled bookkeeper, worked 11 years for Clackamas Gastroenterology Associates, P.C., an Oregon medical clinic with 14 employees and four physicians who owned the professional corporation and made up its board of directors (Crispin, 2003, p. 1). When the company terminated her, she filed suit under the claim that Clackamas Gastroenterology violated the Americans with Disabilities Act of 1990 (ADA) (Crispin, 2003, p. 1).…

    • 1414 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Del. Open MRI Radiology Assocs., P.A. v. Kessler, 898 A.2d 290 -- Close Corporation This cases involves 8 total shareholders/radiologists who equally owned a practice, Fox Chase. These 8 radiologists formed a corporation, Delaware Radiology, to capture additional revenues by owning MRI centers. A squeeze-out merger at Delaware Radiology occurred after the radiologists ' underlying radiology practice, Fox Chase, split up. Delaware Radiology was divided as such: the majority (Broder Group) was made up of five, representing 62.5% and the the minority (Kessler Group) was made up of three, representing 37.5%.…

    • 2346 Words
    • 10 Pages
    Improved Essays
  • Improved Essays

    Subject: Barnes v. Greater Baltimore Medical Center Inc. Court: In the Court of Special Appeals Justice: Woodward, Zarnoch, Kenny, James A., III Appellee/Cross-Appellant: Greater Baltimore Medical Center, Inc. Appellants/Cross-Appellees: David A Barnes & Laura A. Barnes Court the Case was appealed from: The Circuit Court for Baltimore County Facts: Mr. David Barnes went to see Dr. Allen Halle his Primary Care Physician Care Physician, on January 25 because he having weakness in his right hand grip, numbness, and tingling in his right arm. Dr. Halle advised Mr. Barnes to go the Emergency Room immediately because he was afraid that Mr. Barnes may have been having a transient ischemic attack (mini-stroke). Dr. Halle than called Mrs.…

    • 913 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Moore Vs Texas Case Study

    • 265 Words
    • 2 Pages

    Moore V. Texas In 1980 a man named Bobby James Moore was convicted of capital murder. Moore shot and killed Mr. James McCarble who was a seventy-year-old stork clerk in Houston, Texas. Moore was convicted and sentenced to death. In 2001 a federal court granted habeas corpus relief, which lead to a new punishment hearing, but Mr. Moore was once again sentence to the death.…

    • 265 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Baker Vs Carr Case Study

    • 227 Words
    • 1 Pages

    The cases Baker v. Carr and Shaw v. Reno are considered landmark cases under the Fourteenth Amendments because of the cause of action the cases established. In Baker v. Carr the complainants allege the 1901 statute deprive their equal protection under the Fourteenth Amendment. Claimants stated that elected representatives neglected to redistrict the seats to take account of the extensive growth and redistribution of the states population therefore violated their votes. In Shaw v. Reno white voters claimed that a new redistricting plan involved a heavily gerrymandered district that connected highways to a high density minority area in order to elect a black representative.…

    • 227 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Dixon v. Pulaski County Special School Dist., 578 F.3d 862, 868 (8th Cir. 2009). "[C]ourts will not second-guess an employer 's business decisions when determining whether the reason given for the [employment decision] was a pretext for discrimination. " Moschetti v. Chicago, Central & Pacific R.R., 119 F.3d 707, 709 (8th Cir. 1997). There is no evidence Union Pacific harbored any discriminatory animus toward Complainant and Complainant has not shown Union Pacific 's reason was pretext for discrimination. Accordingly, Complainant 's discrimination claim fails and should be…

    • 864 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    The handbook helped the panel hold the liability verdict against the weight of the evidence. The argument did not fall under any of the CEPA laws, therefore ruling in favor of Bridgeway, Inc (Hitesman v. Bridgeway Inc., 2014). In what way, if any, did the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C.A. 1320d-1 to -9 impact the actions of Bridgeway? or impact the decision of the New Jersey Supreme Court? How does HIPAA apply to your analysis of the actions of the parties?…

    • 1276 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Abstract Termination due to medical condition or disability is illegal and as it violates the laws enforced by U.S. Equal Employment Opportunity Commission. In the book Medical Law and Ethics, by Bonnie F. Fremgen she describes a case study, "The case of Janet K. and Epilepsy" on Chapter 8. "The Case of Janet K. and Epilepsy" describes the discrimination faced by employees. This case study will analyze the wrongful discharge of Janet, due to her epilepsy.…

    • 1509 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Medical Malpractice Theory

    • 1563 Words
    • 7 Pages

    Literature Review: Theory The literature review is vital to the success of this paper as it will look at the past relevant theories and studies to help define important terms while theory in this paper will serve to help define medical malpractice. The first step is to determine when a doctor is liable to their patient, and the courts can use the entry rules (Stein, 2012) to help determine when a doctor is liable to their patients. Also entry rules also help determine when medical malpractice occurs (Stein, 2012), but the theory also acknowledges when these medical malpractices should be exempt with the creation of the exit rules (Stein, 2012). Ideally according to Stein's theory, medical institutions should govern entry rules as they…

    • 1563 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    Sam Clover Case Study

    • 1712 Words
    • 7 Pages

    I. Introduction Our client, Sam Clover (“Clover”), is a battalion chief for the Los Angeles County Fire Department (“LAPD”) and a thirty-four-year employee of the LAFD. On March 4th, 2016 Clover arrived home from work and found his home on fire. After alerting the LAFD, Clover entered his home and rescued his wife from the fire. Unfortunately, a part of the roof collapsed on Clover and injured him.…

    • 1712 Words
    • 7 Pages
    Great Essays
  • Great Essays

    I will be reviewing the Angel of Death case videos. In my review I will uncover where the health care organizations went wrong. I will discuss the ethical factors involved. I will delve into whether the plaintiffs have a right to pursue a claim and what the charges should be. I will reveal the type of investigations I would follow.…

    • 1044 Words
    • 5 Pages
    Great Essays

Related Topics