Gaye Nell Currie, Crane D. Kipp, Rex M. Shannon III, and William J. Dukes successfully prosecuted an appeal involving Alliance Healthcare Systems (“Alliance”).
In the complaint filed by Superior MRI Services (“Superior”), Superior alleged that Alliance, as successor-in-interest to P & L Contracting (“P&L”), acquired an unfair advantage in placing mobile scanners as fixed sites and in not complying with the Mississippi Certificate of Need laws.
Superior claimed that Alliance interfered with its business relations by violating the Mississippi State Board of Health rules and regulations with regards to Certificates of Need, interfered with contracts, and violated the Federal Trade Commission Act.
The United States District Court for the Northern District of Mississippi granted a motion to dismiss, stating that Superior was not in existence at the time P&L dissolved and the contracts at issue could not have been legally assigned to Superior. As a result, Superior had no standing to pursue claims on behalf of P&L. On March 12, 2015, the United State Court of Appeals for the Fifth Circuit affirmed the judgment of the District Court.