North Carolina Lawyers Weekly
Under Badin Shores Resort Owners Ass’n v. Handy Sanitary Dist., 811 S.E.2d 198 (N.C. App. 2018), a hospital authority formed pursuant to the North Carolina Hospital Authorities Act – like defendant – is a quasi-municipal corporation exempt from liability ...
Read More »Antitrust – Restraint of Trade – Chapter 75 – Hospital Authority – Constitutional – Monopoly
Antitrust – Chiropractors – Alleged Monopsony – Insufficient Market Power 
The fact that large insurers contracted independently with an organization of 1,000 chiropractors (about half of North Carolina’s chiropractors) is not enough to show an illegal monopsony. The court grants defendants’ motions to dismiss. Even though the complaint’s allegations are ...
Tagged with: Chiropractors
Read More »Antitrust – Chiropractic Network – Monopsony Allegation – Market Power
Defendant Health Network Solutions, Inc., a practice association of North Carolina chiropractors, negotiates with health insurers on behalf of its members, who make up about half of North Carolina’s chiropractors. According to the non-member plaintiffs, this allows insurers to avoid ...
Tagged with: Chiropractic
Read More »Antitrust – Civil Practice – Class Action – Labor & Employment – No-Hire Agreement
Seaman v. Duke University (Lawyers Weekly No. 003-008-18, 25 pp.) (Catherine Eagles, J.) 1:15-cv-00462; M.D.N.C. Holding: With regard to plaintiff’s claim that Duke University and the University of North Carolina at Chapel Hill suppressed medical school faculty wages by agreeing ...
Tagged with: Civil Practice
Read More »Antitrust – Insulation Market – Sherman Act – Restraint of Trade & Monopoly – Tying & Exclusive Dealing
K-Flex, Inc. v. Armacell, Inc. (Lawyers Weekly No. 002-047-17, 9 pp.) (Terrence Boyle, J.) 5:17-cv-00279; E.D.N.C. Holding: Plaintiff, which manufactures elastomeric foam, alleges that defendant, a competitor which has 70 percent of the market for elastomeric foam and 90 percent ...
Tagged with: Sherman Act
Read More »Antitrust – Health Insurance – Chiropractors’ Network – Relevant Market – Tort/Negligence – Breach of Fiduciary Duty & Unfair Trade Practices Claims
Sykes v. Health Network Solutions, Inc. (Lawyers Weekly No. 020-084-17, 62 pp.) (James Gale, C.J.) 2017 NCBCD 72 Holding: In an antitrust case involving a network of chiropractors, the court rejects the non-participating plaintiffs’ attempts to define the relevant market ...
Tagged with: Health Insurance
Read More »Antitrust – CPA Board – Competitors – Administrative – Contract
In re Johnson (Lawyers Weekly No. 020-046-17, 19 pp.) (Gregory McGuire, J.) 2017 NCBC 39 Holding: Even though there are active CPAs on the North Carolina Board of Certified Public Accountant Examiners (the Board), (1) petitioners have not raised federal ...
Tagged with: Administrative
Read More »Antitrust – Civil Practice – Standing – Health Insurance – Hospital Contracts – ‘Anti-Steering’ Provisions – Class Action
DiCesare v. Charlotte-Mecklenburg Hospital Authority (Lawyers Weekly No. 020-041-17, 47 pp.) (Michael Robinson, J.) 2017 NCBC 32 Holding: Plaintiffs are insured under policies provided by two of the four major insurance companies in the Charlotte area. As such, plaintiffs have ...
Tagged with: Civil Practice
Read More »Antitrust – Individual Injury – Administrative Board Sanctions – Civil Practice – Eleventh Amendment – Standing
Jemsek v. North Carolina Medical Board (Lawyers Weekly No. 002-016-17, 24 pp.) (James Dever III, C.J.) 5:16-cv-00059; E.D.N.C. Holding: The plaintiff-physician alleges that the defendant North Carolina Medical Board and its members violated the Sherman Act by disciplining him for ...
Tagged with: Civil Practice
Read More »Antitrust – Dry Needling – Acupuncturists & Physical Therapists – Parallel State Proceedings
Henry v. North Carolina Acupuncture Licensing Board (Lawyers Weekly No. 003-004-17, 47 pp.) (William Osteen Jr., J.) 1:15-cv-00831; M.D.N.C. Holding: Even though the plaintiff-physical therapists practice within North Carolina, they allege that defendants’ anticompetitive activity has led them to refrain ...
Tagged with: physical therapy
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