West Penn Allegheny Files Petition to Replace Judge on Antitrust Suit

Pittsburgh-based West Penn Allegheny Health System has filed a petition to have its antitrust lawsuit against University of Pittsburgh Medical Center reassigned to a different judge, according to a Pittsburgh Business Times report.  


In the petition, West Penn claims U.S. District Judge Arthur Schwab has raised issues that "go well beyond managing the judicial process and ruling on issues raised by litigants," according to the report. The system also says the District Court has "stifled" litigation and "made clear errors of law and abused its discretion."

There were originally two defendants in the antitrust suit: UPMC and Pittsburgh-based insurer Highmark. West Penn petitioned to have the latter removed when Highmark signed an affiliation agreement to acquire West Penn, which is still under regulatory review.

Judge Schwab granted UPMC's motion to review the Highmark-West Penn affiliation agreement, but efforts to make that information public have not gone without challenge. In the petition to remove Judge Schwab, West Penn writes: "To grant UPMC, West Penn's direct competitor, access to the affiliation agreement's negotiations is not only irresponsible, but it is irrelevant to the case and intrudes upon the Pennsylvania Insurance Department's jurisdiction to review the proposed affiliation."

When Highmark asked for Judge Schwab to reconsider granting UPMC's request for the agreement to be made public, he wrote an order dismissing Highmark's request. West Penn said that reaction was "unexplainable, unfounded and prejudicial," according to the report.    

Judge Schwab declined an offer by the court to respond to West Penn's petition.

More Articles on West Penn Allegheny, Highmark and UPMC:

Feds Review Highmark-West Penn Deal for Antitrust Concerns
Judge Suspends Antitrust Case Between West Penn, UPMC
West Penn Allegheny: UPMC's Requests for Documents Are "Designed to Harass"


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