Act for Health v. Case Management Associates, Inc.
Plaintiffs Act for Health d/b/a Professional Case Management (PCM) and its subsidiary PCM of Tennessee, Inc. (PCMT) sued defendant Case Management Associates, Inc. d/b/a Freedom Care (Freedom Care). Plaintiffs provide in-home care under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) and allege Freedom Care operates unlawfully in Tennessee without proper licensing and a certificate of need. Plaintiffs also claimed tortious interference with business relationships, tortious inducement to breach employment agreements, violations of the Tennessee Consumer Protection Act (TCPA), and common law unfair competition. The Court found Freedom Care's licensing arrangement with Jellico Community Hospital unlawful and granted partial summary judgment to plaintiffs on that issue. It denied summary judgment for both parties on the TCPA and inducement claims, but granted summary judgment to Freedom Care on the unfair competition claim. The case will proceed to trial on the remaining claims.