Judge gives Highmark, UPMC a week to file notices regarding settlement agreement
U.S. District Judge Joy Flowers Conti on Tuesday gave Highmark Inc. and UPMC a week to each file a notice as to who they believe has the authority to enforce a settlement agreement brokered by Gov. Tom Corbett.
UPMC wants Conti to order Highmark to drop the antitrust lawsuit West Penn Allegheny Health System filed in 2009 before Highmark bought West Penn Allegheny. But it also contends that Conti can't order UPMC to drop a 2012 antitrust lawsuit against West Penn Allegheny and Highmark because UPMC filed it after Corbett brokered the agreement in May 2012.
Highmark contends that Conti can't order it to drop the 2009 lawsuit because it's not a plaintiff in the lawsuit and West Penn Allegheny isn't a party to the settlement agreement. It also contends that UPMC can't sue it for breaching the agreement until UPMC lives up to its half of the bargain by dropping the 2012 lawsuit.
Conti's order gives both sides until Aug. 27 to identify “the court or governing body” that can order them to carry out the settlement's terms.
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments â either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.