Ruzhinskaya v. HealthPort Technologies, LLC, No. 18-1034 (2d Cir. 2019)Annotate this Case
Plaintiff appealed the district court's grant of Healthport's motion for summary judgment in an action involving claims of excessive charges for medical records under the New York Public Health Law.
The Second Circuit vacated the district court's judgment, because the court anticipates certifying certain questions to the New York Court of Appeals after a final judgment is entered, and wishes to avoid multiple, unnecessary proceedings. Therefore, the court remanded to the district court with instructions to reinstate Beth Israel as a party and to adjudicate the case to a final judgment. The court also remanded along the lines of the procedures set out in United States v. Jacobson, 15 F.3d 19, 22 (2d Cir. 1994), so that any new appeal will be referred to this panel.