Schmitt v. MeritCare Health System
John Schmitt, M.D., Plaintiff and Appellant
MeritCare Health System,
Dakota Clinic, Ltd., and
Innovis Health LLC, Defendants
MeritCare Health System, Appellee
East Central Judicial District,
Judge Steven L. Marquart
|Nature of Action:||Employer/Employee Dispute|
|Term:||04/2013  Argument: 04/09/2013|
|ND cite:||2013 ND 136|
834 N.W.2d 627
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1. Whether claims for defamation against MeritCare Health System should have been dismissed?
2. Whether claims for tortious interference with business relations against MeritCare Health System should have been dismissed?
3. Whether antitrust claims against MeritCare Health System should have been dismissed?
Appellee's Statement of the Issues:
 Whether the district court erred in granting summary judgment on John Schmitt's defamation claim, when he acknowledged that the alleged defamatory statements were true and when there is no evidence to establish a causal connection between MeritCare Health System's alleged defamatory statements and St. Joseph's Hospital's decision not to hire him.
 Whether John Schmitt's claims are barred because he signed a release that releases MeritCare Health System from all liability for responding to the credentialing questionnaire.
 Whether MeritCare Health System is immune from civil liability under N.D.C.C. 34-02-18(2) and Soentgen v. Quain & Ramstad Clinic, P.C., 467 N.W.2d 73, 79 (N.D. 1991).
 Whether the district court erred in granting summary judgment on John Schmitt's tortious interference with a prospective business advantage claim, when he did not present any evidence of an independent tort and when he did not present any evidence that the alleged interference caused St. Joseph's Hospital not to hire him.
 Whether the district court erred in granting summary judgment on John Schmitt's antitrust claim, when he made conclusory allegations that a contract, combination, or conspiracy existed between MeritCare Health System and Dakota Clinic, Ltd.
|Add Docket 20130013 RSS|
|1||01/14/2013 NOTICE OF APPEAL: 01/10/2013|
|2||02/08/2013 ORDER FOR TRANSCRIPT: 01/31/2013|
|3||02/08/2013 MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE)|
|4||02/08/2013 ACTION BY CLERK (SUA SPONTE). Granted: 02/19/2013|
|5||02/12/2013 MOT. EXT/TIME APPELLANT BRIEF (by Appellee)|
|6||02/12/2013 E-FILED MOTION|
|7||02/12/2013 ACTION BY CHIEF JUSTICE (held in abeyance). Denied: 02/19/2013|
|8||02/13/2013 ELEC. RECORD ON APPEAL DATED 2/12/13 (ENTRY NOS. 1-146)|
|9||02/15/2013 AMENDED ELEC. RECORD ON APPEAL DATED 2/14/2013 (ENTRY NOS.1-24, 31-47)|
|10||02/19/2013 APPELLANT BRIEF|
|11||02/19/2013 APPELLANT APPENDIX|
|13||03/01/2013 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|14||02/27/2013 TRANSCRIPT DATED APRIL 18, 2012 & C.O.S.|
|15||02/27/2013 DISK-transcript dated April 18, 2012 (e-mailed)|
|16||03/18/2013 NOTICE OF ORAL ARGUMENT SENT|
|17||03/19/2013 SITTING WITH THE COURT: Olson, Everett Nels|
|18||03/20/2013 APPELLEE BRIEF|
|19||03/20/2013 E-FILED BRIEF|
|20||03/21/2013 Rcv'd 7 copies of AEA from CSD|
|21||03/22/2013 Rcv'd $25 surcharge for AEB (Receipt #21765)|
|22||04/03/2013 REPLY BRIEF|
|23||04/04/2013 DISK of RYB|
|24||04/09/2013 APPEARANCES: Bruce A. Schoenwald; Ronald H. McLean|
|25||04/09/2013 ARGUED: Bruce A. Schoenwald; Ronald H. McLean|
|26||04/09/2013 ORAL ARGUMENT WEBCAST|
|27||07/22/2013 DISPOSITION: AFFIRMED|
|28||07/22/2013 UNANIMOUS OPINION: Sandstrom, Dale V.|
|29||07/22/2013 Costs on appeal taxed in favor of Appellee|
|30||07/23/2013 Judgment Sent to Parties|
|32||08/29/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|