CKHS, Inc. v. Prospect Med. Hldgs, Inc.et al
Date Filed2023-12-13
Docket299 MAL 2023 (Granted)
JudgePer Curiam
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
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