Legal Opinion

Mahan v. Avera St. Luke's

South Dakota Supreme Court

Decided January 10, 2001No. 21118, 21135PublishedCited by 36 opinions

1Opinion of the CourtGilbertson, Justice

(on reassignment).

[¶ 1.] Orthopedic Surgery Specialists (OSS), a South Dakota corporation, and its individual physicians, commenced this action against Avera St. Lukes (ASL) alleging breach of contract. The trial court granted OSS’ motion for summary judgment and entered a mandatory permanent injunction against ASL. ASL then filed this appeal. We reverse.

FACTS AND PROCEDURE

[¶ 2.] ASL is a private, nonprofit, general acute care hospital located in Aberdeen, South Dakota, organized under the nonprofit corporation laws of South Dakota. ASL is part of Avera Health, a regional health care system…

2Cases cited20 opinions

  1. Gladstone, Realtors v. Village of BellwoodSupreme Court of the United States · 1979
  2. Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
  3. Lewin v. St. Joseph Hospital of OrangeCalifornia Court of Appeal · 1978
  4. Shamburger v. BehrensSouth Dakota Supreme Court · 1986
  5. Terre Haute Regional Hospital, Inc. v. El-IssaIndiana Court of Appeals · 1984

15 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Weitzel v. Sioux Valley Heart PartnersSouth Dakota Supreme Court · 2006
  2. Janssen v. Best & FlanaganSupreme Court of Minnesota · 2003
  3. A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
  4. Farm Credit Services of America v. DouganSouth Dakota Supreme Court · 2005
  5. Icehouse, Inc. v. GeisslerSouth Dakota Supreme Court · 2001

31 more not listed; retrieve them via the Exa API.

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