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State v. Premier Healthcare Inc.

Superior Court of Delaware

July 17, 2018

THE STATE OF DELAWARE, Plaintiff
v.
PREMIER HEALTHCARE INC. d/b/a NEWARK MANOR NURSING HOME, BRUCE BOYER, DAVID BOYER, and SUSAN COMEGYS, Defendants.

          Submitted: July 9, 2018

         On Defendants' Application for Certification of Interlocutory Appeal. DENIED.

          Kate S. Keller and Laura N. Najemy, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, Attorney for Plaintiff.

          Maria R. Granaudo Gesty, Esquire, Burns White LLC, Wilmington, Delaware, Attorney for Defendants.

          ORDER

          Richard R. Cooch, J.

         This 17th day of July 2018, upon consideration of Defendants' Application for Certification of Interlocutory Appeal, it appears to the Court that:

         1. On September 18, 2017, the State of Delaware ("Plaintiff) filed a complaint against Premier Healthcare Inc. (d/b/a Newark Manor Nursing Home), Bruce Boyer, David Boyer, and Susan Comegys. In the complaint, Plaintiff alleged that since 2011 Defendants had submitted or caused to be submitted fraudulent claims for Medicaid reimbursement for "non-existent, grossly deficient, and materially substandard and/or worthless nursing home services" provided to five residents of Newark Manor.[1] On March 12, 2018, Defendants' filed a Motion to Dismiss pursuant to Superior Court Civil Rule 12(b)(6). A hearing on the Motion to Dismiss was held on May 30, 2018. On June 14, 2018, this Court issued a Memorandum Opinion denying Defendants' Motion to Dismiss. On June 19, 2018, Defendants' filed a Motion for Reargument. On June 25, 2018, Defendants filed their Application for Certification of Interlocutory Appeal. On June 26, 2018, this Court denied the Motion for Reargument. On July 9, 2018, the Plaintiff filed its response in opposition to the Application for Certification of Interlocutory Appeal.

         2. Delaware Supreme Court Rule 42 sets out the criteria to be applied when a Court is faced with certification and acceptance of interlocutory appeals. A party seeking certification and acceptance of an interlocutory appeal must adhere to the strict requirements set forth in 42(b). Specifically, the rule states:

(b) Criteria to be applied in determining certification and acceptance of interlocutory appeals. -
(i) No interlocutory appeal will be certified by the trial court or accepted by this Court unless the order of the trial court decides a substantial issue of material importance that merits appellate review before a final judgment.
(ii) Interlocutory appeals should be exceptional, not routine, because they disrupt the normal procession of litigation, cause delay, and can threaten to exhaust scarce party and judicial resources. Therefore, parties should only ask for the right to seek interlocutory review if they believe in good faith that there are substantial benefits that will outweigh the certain costs that accompany an interlocutory appeal.
(iii) Any application for interlocutory review shall contain a statement that the applicant and the applicant's counsel have determined in good faith that the application meets the criteria set forth in this paragraph. Consistent with the principles set forth in subparagraph (ii) of this paragraph, in deciding whether to certify an interlocutory appeal, the trial court should consider whether:
(A) The interlocutory order involves a question of law resolved for the first ...

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