Opinion
No. 299 MAL 2023 No. 300 MAL 2023
12-13-2023
CKHS, INC. and the Foundation for Delaware County, Petitioners v. PROSPECT MEDICAL HOLDINGS, INC. and Prospect Crozer, LLC, and Commonwealth of Pennsylvania, Respondents CKHS, Inc. and the Foundation for Delaware County, Petitioner v. Prospect Medical Holdings, Inc. and Prospect Crozer, LLC, and Commonwealth of Pennsylvania, Respondent
Petition for Allowance of Appeal from the Order of the Commonwealth Court ORDER
PER CURIAM
AND NOW, this 13th day of December, 2023, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:
Whether, in an issue of statewide importance, the Commonwealth Court erred when it disregarded this Court’s express direction to apply a "highly deferential" standard of review and, substituting its judgment for that of the trial court, overturned an emergency preliminary injunction—entered on a record not yet fully developed—on the grounds that there was insufficient evidence of irreparable harm, where the harm to the local community when Appellees closed their only local hospital was stipulated in the parties’ contract, proven by the testimony of record, and palpable on the face of the record?