Antitrust – Hospital Contracts – Nurse Staffing – Traveling & Temporary Nurses

By: Teresa Bruno, Opinions Editor//October 31, 2016

Advance Nursing Corp. v. South Carolina Hospital Association (Lawyers Weekly No. 002-209-16, 13 pp.) (Mary Geiger Lewis, J.) 6:16-cv-00160; D.S.C.

Holding: Plaintiff has stated an antitrust claim by alleging that defendants have conspired to control exclusively the traveling and temporary nurse staffing industry in South Carolina.

Defendants’ motion to dismiss is granted in part: plaintiff concedes that its claim for violation of the South Carolina Antitrust Act should be dismissed; the court also dismisses any aspect of plaintiff’s federal antitrust claims that seek damages, interest on damages, costs or attorney’s fees against the defendant-government hospitals; and plaintiff may not recover punitive damages, exemplary damages, prejudgment interest, attorney’s fees or costs against the government hospitals by way of plaintiff’s claims for civil conspiracy, tortious interference with contractual relations, or unfair trade practices. Otherwise, defendants’ motions to dismiss are denied.

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