Physicians Choice Laboratory Files Counterclaim Against USHG

In the ongoing dispute between Physicians Choice Laboratory Services (PCLS; Rock Hill, S.C.) and US Health Group Inc. (USHG; Dallas), PCLS has filed a counterclaim to the request for a temporary restraining order (TRO) filed in October 2013.A Dallas District Court granted part of the TRO requests filed by USHG but denied others, including a provision that PCLS could not contact USHG business partners, clients, and employees. The signed order, dated Oct. 4, 2013, replaces an earlier TRO filed by USHG, which G2 Compliance Advisor reported on in the December 2013 issue (page 11). The four employee defendants, PCLS, and plaintiff USHG filed additional documents since the story was published that supplements the records for this ongoing case, which is now headed for trial, barring a settlement between the parties. The original story cited a TRO that USHG filed against PCLS and the four employees involved in the case, seeking an end to the activities alleged in their original pleading. The counterclaim field by PCLS in November asserts that USHG has failed to plead sufficient facts in support of its claim for tortious interference with prospective business relations and requests that the court dismiss USHG’s claim. The TRO used for the original story was an unsigned version. In the signed version, the judge has lined through two items in the TRO and amended one additional. All other sections of the TRO stood. PCLS says in a response to the TRO that it has always denied that any of its employees ever engaged in such behavior, so it did not oppose including the allegations in the amended TRO. Additional documents filed in the case include PCLS’s response to the TRO and counterclaims against USHG as well as a variety of motions and depositions and responses to those filings. A review of this case’s court record and document history shows the last document filed was an unopposed motion to substitute counsel filed Jan. 17. The case (DC-13-12019) is filed in the 134th judicial district of Dallas County, Texas. Takeaway: Physicians Choice Laboratory Services disputes allegations made by US Health Group, maintains that USHG has failed to state a cause of action, and has asked a Dallas District Court to dismiss USHG claims.