Schmitt v. MeritCare Health System

20130013 John Schmitt, M.D., Plaintiff and Appellant
v.
MeritCare Health System,
Dakota Clinic, Ltd., and
Innovis Health LLC, Defendants
---------------------
MeritCare Health System, Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven L. Marquart
Nature of Action: Employer/Employee Dispute
Counsel:
Appellant: Bruce A. Schoenwald
Appellee: Ronald H. McLean
Appellee: Peter William Zuger
Term: 04/2013   Argument: 04/09/2013  11:00am
ND cite: 2013 ND 136
NW cite: 834 N.W.2d 627

Listen to recording of oral argument in MP3 format

Issues: 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:
[1] 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.
[2] 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.
[3] 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).
[4] 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.
[5] 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.

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Docket entries:
101/14/2013 NOTICE OF APPEAL: 01/10/2013
202/08/2013 ORDER FOR TRANSCRIPT: 01/31/2013
302/08/2013 MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE)
402/08/2013 ACTION BY CLERK (SUA SPONTE). Granted: 02/19/2013
502/12/2013 MOT. EXT/TIME APPELLANT BRIEF (by Appellee)
602/12/2013 E-FILED MOTION
702/12/2013 ACTION BY CHIEF JUSTICE (held in abeyance). Denied: 02/19/2013
802/13/2013 ELEC. RECORD ON APPEAL DATED 2/12/13 (ENTRY NOS. 1-146)
902/15/2013 AMENDED ELEC. RECORD ON APPEAL DATED 2/14/2013 (ENTRY NOS.1-24, 31-47)
1002/19/2013 APPELLANT BRIEF
1102/19/2013 APPELLANT APPENDIX
1202/19/2013 DISK-(CD)
1303/01/2013 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1402/27/2013 TRANSCRIPT DATED APRIL 18, 2012 & C.O.S.
1502/27/2013 DISK-transcript dated April 18, 2012 (e-mailed)
1603/18/2013 NOTICE OF ORAL ARGUMENT SENT
1703/19/2013 SITTING WITH THE COURT: Olson, Everett Nels
1803/20/2013 APPELLEE BRIEF
1903/20/2013 E-FILED BRIEF
2003/21/2013 Rcv'd 7 copies of AEA from CSD
2103/22/2013 Rcv'd $25 surcharge for AEB (Receipt #21765)
2204/03/2013 REPLY BRIEF
2304/04/2013 DISK of RYB
2404/09/2013 APPEARANCES: Bruce A. Schoenwald; Ronald H. McLean
2504/09/2013 ARGUED: Bruce A. Schoenwald; Ronald H. McLean
2604/09/2013 ORAL ARGUMENT WEBCAST
2707/22/2013 DISPOSITION: AFFIRMED
2807/22/2013 UNANIMOUS OPINION: Sandstrom, Dale V.
2907/22/2013 Costs on appeal taxed in favor of Appellee
3007/23/2013 Judgment Sent to Parties
3108/22/2013 MANDATE
3208/29/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014