Gordon Rees Scully Mansukhani Partner Cristina Guerrero secured an appellate victory for a leading healthcare staffing company before the U.S. Court of Appeals for the Fifth Circuit, affirming summary judgment dismissal of all claims brought by a former contract physician who alleged breach of contract, tortious interference with contract, defamation, and intentional infliction of emotional distress.
The plaintiff, an independent contractor physician, provided services at a hospital under a staffing agreement with GRSM’s staffing company client. After the hospital received numerous complaints from staff and patients about the physician’s conduct and informed the staffing company that the services were no longer acceptable, the staffing company terminated the physician’s agreement in accordance with its terms. The plaintiff sued the staffing company, the hospital, and two hospital employees.
The district court granted summary judgment for all defendants. On appeal, the Fifth Circuit affirmed in full. The Fifth Circuit held that the breach of contract claim against the staffing company failed on the merits because the agreement permitted immediate termination once the hospital communicated that the physician’s services were unacceptable, and the company properly followed that process. The Fifth Circuit also held that the plaintiff forfeited his tortious interference, defamation, and intentional infliction of emotional distress claims because he failed to oppose summary judgment on those claims in the district court. The Fifth Circuit further affirmed denial of the plaintiff’s post-judgment motions.
This successful outcome reflects the strength of GRSM’s advocacy at every stage, from district court through appeal.