Major Appeals Court Victory
BOSTON (September 24, 2004) — McDermott Will & Emery achieved a significant victory in the New Jersey Appellate Division on behalf of Firm client St. Peter's University Hospital. In this case, St. Peter's challenged the promulgation of a regulation by the New Jersey Health Care Administration Board, which would have allowed St. Peter's major competitor to open a regional perinatal center one mile down the street, without the certificate of need required by legislative statute. The court ruled in favor of St. Peter's, declaring the regulation invalid because it was inconsistent with the requirements of the certificate of need statute.
Anthony Bongiorno, a trial partner in McDermott's Boston office argued the appeal, and Mark Pearlstein, Jennifer Geetter and Amanda Metts, all of the Boston office, contributed to the case. The decision has immediate further ramifications as the Health Care Administration Board has issued yet another regulation for public comment suffering the same infirmities, which would have the same adverse effect on St. Peter's.
