{"id":3383,"date":"2014-09-05T16:37:58","date_gmt":"2014-09-05T20:37:58","guid":{"rendered":"http:\/\/www.khpi.org\/blog\/?p=3383"},"modified":"2015-01-06T07:58:46","modified_gmt":"2015-01-06T12:58:46","slug":"additional-court-documents-available-in-kosair-charities-v-norton-healthcare","status":"publish","type":"post","link":"http:\/\/www.khpi.org\/blog\/additional-court-documents-available-in-kosair-charities-v-norton-healthcare\/","title":{"rendered":"Additional Court Documents Available In Kosair Charities v. Norton Healthcare."},"content":{"rendered":"

\"court-jacket\"I made another pilgrimage yesterday to Jefferson Circuit Court to review all the available public documents in this internecine dispute<\/a>. In particular, I had not seen the various affiliation and other agreements between the two parties. It seems to me the case will hinge on how these agreements are interpreted.<\/p>\n

This time I got lucky and was able to photograph everything in the official court jacket including Norton’s motion to dismiss Kosair Charities’ complaint, and Kosair Charities’ response. \u00a0Accompanying as attachments to these motions were a number of major agreements\u00a0made over the last 30 years between the two organizations. Links to all the items are presented below. \u00a0Frankly, I have not yet had time to analyze all the documents, but it appears that most of the major arguments on either side are now out in the open. I will try to get my head around them. I confess I do so with a sense of sadness. Any help in interpretation would be appreciated. Let me know if I got any of the links wrong.<\/p>\n

The Attorney General’s Office\u00a0filed to intervene<\/a>. My interpretation of the documents is that the request to join the case as a plaintiff was approved<\/a>.<\/p>\n

I had a specific interest in why Plaintiff Kosair Charities requested that Judge Perry recuse himself. I anticipated that the grounds for such a request would be made available to the public, but the recusal and transfer<\/a> of the case to Division 13 and Judge Fred Cowan was made without additional comment. I suspect that the pace of the case will slow a bit as it wends its way to its new home.<\/p>\n

Peter Hasselbacher
\nPresident, KHPI
\nEmeritus Professor of Medicine, UofL
\nSept 5, 2014<\/p>\n


\n<\/a>Court Documents in Kosair Charities Committee v. Norton Healthcare,<\/em><\/strong>
\n Jefferson Circuit Court 14 CI 02523\"jacket-cover-court-docs\"<\/strong><\/p>\n

5-8-2014. Initial Complaint by Kosair Charities, (PDF 6.4 MB).<\/a><\/p>\n

6-9-2014. First Amended Complaint by Kosair Charities, (PDF 4.6 MB ).<\/a><\/p>\n

6-30-2014. Norton Motion to Dismiss Complaint, (PDF 8.6 MB).<\/a>
\n\u2022 Exhibit A: Agreement- (missing first 5 pages.) 5-12\u20132006. (PDF 1.9 MB).<\/a>
\n\u2022 Exhibit B: Special Projects Agreement, 5-12\u20132006. (PDF 1.7 MB)<\/a>.
\n\u2022 Exhibit C: Additional Projects Funding, 3-1-2009. (PDF 1.8 MB).<\/a>
\n\u2022 Exhibit D: MRI Funding Agreement, 12-5-2006. (PDF 1.1 MB).<\/a>
\n\u2022 Exhibit E: Restated Agreement of Affiliation, 9-13-1982. (PDF 8.4 MB).<\/a><\/p>\n

7-30-2014. Attorney General Files to Intervene, (PDF ).<\/a><\/p>\n

8-15-2014. Kosair Charities Response to Motion to Dismiss, (PDF 9.2 MB).<\/a>
\n\u2022 Exhibit A: 2d Restated Agreement of Affiliation, 12-5-2006, (PDF 3.9 MB).<\/a>
\n\u2022 Exhibit B: Restated Agreement of Affiliation, 9-13-1982, (PDF 8.6 MB).<\/a><\/p>\n

8-18-2014. Order Granting Commonwealth\u2019s Motion to Intervene and to appoint Special Master Commissioner, (PDF 0.4 MB)<\/a><\/p>\n

8-21-2014. Recusal Judge Perry, Assignment to Judge Cowan, (PDF 0.3 MB)<\/a>.<\/p>\n

New:<\/span> 12-30-2014. \u00a0Norton Countersuit against Kosair Charities. Exhibits contain 3 agreements between the parties. (PDF 3 MB).<\/a><\/p>\n

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