News & Analysis as of

Health Care Providers Venue

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

White and Williams LLP

Supreme Court of Pennsylvania Discards Long-Standing Percentage Revenue Test for Assessing Venue But Its Application to Healthcare...

White and Williams LLP on

Last week, the Supreme Court of Pennsylvania issued yet another opinion making it easier for plaintiffs to choose preferred venues to sue corporations. Continuing a trend that has emerged over the last several years, the...more

Steptoe & Johnson PLLC

Recent Decision Drastically Changes Venue Rules for Pennsylvania Health Care Providers

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In a setback for Pennsylvania health care providers, the Supreme Court of Pennsylvania approved an order amending the rules pertaining to the venue in which medical malpractice suits may be brought. The Pennsylvania Rules of...more

White and Williams LLP

What Comes Next? Implications of the Supreme Court of Pennsylvania’s Repeal of the Medical Malpractice Venue Rule

On August 25, 2022, the Supreme Court of Pennsylvania issued an Order amending Rules 1006, 2130, 2156, and 2179 of the Pennsylvania Rules of Civil Procedure, all of which pertain to venue in civil actions. The court’s...more

Weber Gallagher Simpson Stapleton Fires &...

PA Supreme Court Ends Restrictive Venue Rule For Medical Malpractice Lawsuits

A 20-year rule implemented to prevent “venue shopping” and frivolous lawsuits has ended. The rule limited the venue a plaintiff could bring a suit to only the jurisdiction where the injury took place. Venue shopping is a...more

Quarles & Brady LLP

Ninth Circuit Ruling Expands Nursing Home COVID-19 Venue Fight

Quarles & Brady LLP on

On February 22, 2022, the Ninth Circuit ruled a COVID-19 wrongful death suit brought against a nursing home is not preempted by a federal health emergency law. The court affirmed a district court’s remand order which stated...more

Obermayer Rebmann Maxwell & Hippel LLP

Venue back on the menu? Proposed rule change could shift the landscape of medical malpractice in the Commonwealth

Change may be coming soon to Pennsylvania’s medical malpractice venue rule (Rule 1006(a.1)) - a change that could send medical malpractice filings in Philadelphia skyrocketing. Last week, the Legislative Budget and Finance...more

White and Williams LLP

PA Legislature Cannot Determine the Anticipated Impact of the Proposed Repeal of the Medical Malpractice Venue Rule

Monday, February 3rd, the Legislative Budget and Finance Committee, a joint committee of the Pennsylvania General Assembly, released its long-anticipated study examining the potential impact of the proposed repeal of the...more

White and Williams LLP

Pennsylvania House Bill Introduced to Protect Venue Rule in Medical Professional Liability Cases

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On May 13, 2019, proponents of the current medical malpractice venue rule in the Pennsylvania General Assembly introduced House Bill No. 1063. If passed, this bill would limit the personal jurisdiction of Pennsylvania courts...more

White and Williams LLP

Pennsylvania Supreme Court Postpones Consideration of Proposed Repeal of Medical Malpractice Venue Rule

White and Williams LLP on

The December 22, 2018 proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to...more

White and Williams LLP

Pennsylvania Senate Urges Supreme Court to Delay Considering Repeal of Venue Rule in Medical Professional Liability Cases Pending...

The proposal by the Civil Procedural Rules Committee of the Supreme Court of Pennsylvania to repeal the medical malpractice venue rule, Pa. R. Civ. P. 1006(a.1), which requires medical malpractice actions to be brought in the...more

White and Williams LLP

Pennsylvania Supreme Court Considering Repeal of the Venue Rule in Medical Professional Liability Cases

The Commonwealth of Pennsylvania was facing a healthcare crisis as of 2002 due, in part, to costly medical malpractice litigation which was impairing the ability of Pennsylvania healthcare institutions to provide quality care...more

Holland & Knight LLP

Ruling: Medical Providers Not Subject to Double Damages Under Medicare Secondary Payer Act

Holland & Knight LLP on

• In a matter of first impression, the U.S. District Court for the Middle District of Florida has ruled that a private right of action under the Medicare Secondary Payer Act (MSP Act), which provides for double damages in the...more

Foley & Lardner LLP

Louisiana’s New Telemedicine Law Opens Doors, Removes Barriers

Foley & Lardner LLP on

Louisiana’s governor signed into law, HB 570, (the “Act”), eliminating a prior requirement that physicians practicing telemedicine maintain an office in Louisiana or contract with in-state providers. The Act also changes the...more

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