No. 18-1299

Marie Gillispie v. Regionalcare Hospital Partners, Inc., et al.

Lower Court: Third Circuit
Docketed: 2019-04-15
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: anti-retaliation at-will-employment circuit-court-interpretation circuit-court-ruling civil-rights common-law due-process employment-law emtala emtala-statute free-speech medical-malpractice preemption public-policy-exception retaliation statutory-interpretation supreme-court-precedent whistleblower whistleblower-protection
Key Terms:
SocialSecurity
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Does the precedential ruling by the 3rd Circuit Court of Appeals directly contradict Supreme Court precedent and the intent of Congress regarding the anti-retaliation whistleblower provision of EMTALA?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does the Precedentialruling by the 3" Circuit Court of Appeals directly contradict United States Supreme Court precedent of Schindler Elevator Corporation vs. United States ex. rel. Daniel Kirk, 563 U.S. 401,131 S. Ct. 1885, 179 L. Ed. 2d 825, (2011) and Kasten vs. Saint-Gobain, 563 U.S. 1, 1318. Ct. 1825, 179 L. Ed. 2d 379 (2011) as well as the intent of the United States Congress, which crafted the language of the antiretaliation Whistleblower provision of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. Section 1395dd, by grafting onto the definition of the word “report” a requirement that the information conveyed by the Whistleblower be not already known? II. In conjunction with the above, did the 3 Circuit Court of Appeals also overlook critical evidence which establishes that the Petitioner’s related common law cause of action brought pursuant to Pennsylvania’s public policy exception to the at-will employment doctrine is not preempted by the state Medical Malpractice statute “MCARE” Act and consequently should be permitted to proceed?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-24
DISTRIBUTED for Conference of 10/1/2019.
2019-07-09
Brief of respondents Regionalcare Hospital Partners, Inc., et al. in opposition filed.
2019-06-07
Motion to extend the time to file a response is granted and the time is extended to and including July 10, 2019.
2019-06-06
Motion to extend the time to file a response from June 10, 2019 to July 10, 2019, submitted to The Clerk.
2019-05-10
Response Requested. (Due June 10, 2019)
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-04-17
Waiver of right of respondents Regionalcare Hospital Partners, Inc. et al. to respond filed.
2018-12-29
Petition for a writ of certiorari filed. (Response due May 15, 2019)
2018-11-05
Application (18A471) granted by Justice Alito extending the time to file until December 29, 2018.
2018-10-30
Application (18A471) to extend the time to file a petition for a writ of certiorari from October 30, 2018 to December 29, 2018, submitted to Justice Alito.

Attorneys

Marie Gillispie
Noah GearyNoah Geary, Attorney at Law, Petitioner
Noah GearyNoah Geary, Attorney at Law, Petitioner
Regionalcare Hospital Partners, Inc. et al.
Marla N. PresleyJackson Lewis, P.C., Respondent
Marla N. PresleyJackson Lewis, P.C., Respondent
Regionalcare Hospital Partners, Inc., et al.
Marla Nicole PresleyJackson Lewis P.C., Respondent
Marla Nicole PresleyJackson Lewis P.C., Respondent