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Superior MRI Services, Inc. v. Alliance HealthCare Services, Inc.

United States Court of Appeals, Fifth Circuit

February 18, 2015

SUPERIOR MRI SERVICES, INCORPORATED; SUPERIOR MRI SERVICES, INCORPORATED, as Successor in Interest of P & L Contracting, Incorporated, Plaintiffs - Appellants,
v.
ALLIANCE HEALTHCARE SERVICES, INCORPORATED, formerly known as Alliance Imaging, Incorporated, doing business as Alliance Imaging; ALLIANCE IMAGING, INCORPORATED; JOHN DOE, Defendants I Through X, Defendants - Appellees

Appeal from the United States District Court for the Northern District of Mississippi.

For SUPERIOR MRI SERVICES, INCORPORATED, SUPERIOR MRI SERVICES, INCORPORATED, AS SUCCESSOR IN INTEREST OF PL CONTRACTING, INCORPORATED, Plaintiffs - Appellants: Bobby Taylor Vance, Esq., Attorney, Vance Law Office, Batesville, MS.

For ALLIANCE HEALTHCARE SERVICES, INCORPORATED, formerly known as Alliance Imaging, Incorporated, doing business as Alliance Imaging, Defendant - Appellee: Crane D. Kipp, Esq., Gaye Nell Currie, Esq., William James Dukes, Rex Morris Shannon, III, Esq., Wise Carter Child & Caraway, P.A., Jackson, MS.

Before REAVLEY, JONES, and ELROD, Circuit Judges.

OPINION

Page 503

JENNIFER WALKER ELROD, Circuit Judge:

Superior MRI Services, Inc. (Superior), on behalf of itself and as successor-in-interest to P& L Contracting, Inc. (P& L), sued Alliance HealthCare Services, Inc. (Alliance), alleging, inter alia, tortious interference with business relations and tortious interference with contract. Superior's claims arise from contractual rights that Superior allegedly acquired from P& L, its purported predecessor-in-interest. The district court dismissed Superior's tortious interference claims, ruling that Superior failed to establish that it acquired those contractual rights from P& L and that Superior lacked prudential standing to enforce P& L's rights.[1] Because we

Page 504

agree that Superior failed to prove the existence of prudential standing by a preponderance of the evidence, we affirm.

I.

P& L incorporated in October 2006 and, while it was in operation, offered mobile MRI services to Mississippi hospitals. On January 19, 2012, P& L filed a Chapter 7 bankruptcy petition in the U.S. Bankruptcy Court for the Northern District of Mississippi. In the schedule of assignments contained in its bankruptcy petition, P& L listed an assignment of " MRI Service agreements" to Superior with a date of assignment of October 1, 2011. Almost two months after this purported assignment, on November 28, 2011, Superior filed its Articles of Incorporation with the Mississippi Secretary of State. P& L formally dissolved on November 15, 2012. Superior's complaint describes three incidents in which Alliance allegedly interfered with MRI Service agreements or impaired a prospective business relationship. Each of these incidents occurred prior to the date on which Superior filed its articles of incorporation.

II.

We review de novo a district court's rulings on the issue of standing. St. Paul Fire & Marine Ins. Co. v. Labuzan, 579 F.3d 533, 538 (5th Cir. 2009). " A district court's factual findings, including those on which the court based its ...


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