Gueson v. Reed’s Empirical Analysis
1996
Citation profile
2 state decisions
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Slawek v. BD. OF MED. ED. & LICENSURE · Arsenal Coal Co. v. Commonwealth, Department of Environmental Resources · Caplan 95-1445 v. Fellheimer Eichen Braverman & Kaskey · 167 Pa. Commw. 458 - Meier v. Maleski · T. W. Phillips Gas & Oil Co. v. Peoples Natural Gas Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With regard to ... "immediate and irreparable harm” ..., I found that Petitioners presented no evidence that anybody's license had been suspended, that anybody’s license was being threatened, that there were any suspension proceedings before any of the boards_ Concerning whether greater injury would result by granting the requested relief, I found that any injury to the 551 claimants with favorable final judgments or settlements in medical malpractice actions who have been awaiting payment of their claims had to be weighed more heavily than any potential injury to health care providers having difficulty paying their CAT Fund surcharges. With regard to the status quo criterion, I noted that many health care providers had already paid their emergency surcharges. I accepted ... Reed’s testimony that $104 million dollars out of $107 million dollars worth of the emergency surcharge had already been submitted. Finally, I found that Petitioners failed to prove a clear right to relief in that they failed to request specific relief. To the extent that they did in the form of requesting that I enjoin the disbursement to claimants or enjoin further billing of health care providers, I concluded that there was no clear right to that relief. Gueson v. Reed, 679 A.2d at 286 .”
1 later decision quote this exact passage“1. Preliminarily enjoin Director of the CAT Fund and the Insurance Commissioner from certifying those Petitioners not yet certified for alleged failure to comply with the Health Care Services Malpractice Act (“the Act”) to the respective State Boards for suspension or revocation of their license to practice medicine, osteopathy or podiatry; and 2. Preliminarily enjoin the respective State Boards and the Department of State’s Bureau of Professional and Occupational Affairs from taking any steps to suspend, revoke or otherwise impair Petitioners’ licenses until such time as [court] makes a final determination on the merits.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.