OCEANSIDE: Tri-City, Scripps battle over which court will decide suit
Scripps has case moved to federal court, but Tri-City asks it be shifted back to state
By PAUL SISSON – psisson@nctimes.com | Tuesday, July 7, 2009 11:29 PM PDT ∞
OCEANSIDE —- It will probably be fall at the earliest before a judge decides what to do with a lawsuit that seeks to curtail the transfer of patients from Tri-City Medical Center to Scripps hospitals in Encinitas and San Diego.
Tri-City sued Scripps in state court in early June, asking for a temporary injunction that would prevent Scripps doctors from transferring North County patients to hospitals down south and arguing that, in some cases, doing so could be dangerous. Tri-City’s suit also accuses Scripps of unfair restraint of trade.
Scripps officials called the lawsuit frivolous and quickly petitioned a judge to move the case to federal court, noting that several items in the suit relied on interpretation of federal laws. The case was soon shifted to U.S. District Court, where it’s expected to sit until its next scheduled hearing on Sept. 21.
Meanwhile, Tri-City’s attorney, Daniel J. Callahan, recently filed a request that the case be bounced back to state court. Cases heard in federal court typically take much longer to move through the system than cases heard in state court.