Legal Opinion

Independence HMO, Inc. v. Smith

District Court, E.D. Pennsylvania

Decided April 2, 1990No. Civ. A. 90-0338PublishedCited by 32 opinions

1Opinion of the Court

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

This non-jury matter comes before the court upon the plaintiff’s motion for a preliminary injunction. The plaintiff, a health maintenance organization, seeks to enjoin the plaintiff’s tort action against it in the Court of Common Pleas of Montgomery County until the plaintiff has exhausted the “Grievance Procedure” set forth in the contract between the plaintiff and the defendant’s employer. The parties have stipulated that the court’s ruling shall be a final judgment on the merits. Jurisdiction is based upon 28 U.S.C. §§ 1331, 2201, 2202 and 29…

2Cases cited9 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  5. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of a & B Management Corporation. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of Arthur Treacher's Fish & Chips, Inc., and Mrs. Paul's Kitchens, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982

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3Cited by32 opinions

  1. Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/njCourt of Appeals for the Third Circuit · 1995
  2. Florence B. Corcoran Wife Of/and Wayne D. Corcoran v. United Healthcare, Inc., and Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Fifth Circuit · 1992
  3. Villazon v. Prudential Health Care Plan, Inc.Supreme Court of Florida · 2003
  4. McClellan v. Health Maintenance OrganizationSuperior Court of Pennsylvania · 1992
  5. Elsesser v. Hospital of the Philadelphia College of Osteopathic MedicineDistrict Court, E.D. Pennsylvania · 1992

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