Portrait of John E. Petite

John E. Petite

Of Counsel

  • Successfully defended and obtained dismissal of defamation claim against client seeking $2.5 million in damages in federal court in Austin.
  • Successfully defended private hospital from physician’s state law claims seeking injunctive relief to reinstate him to medical staff and for damages based on alleged termination of his medical staff privileges and membership.  The physician alleged that the hospital violated its bylaws and the Illinois Hospital Licensing Act (IHLA) when revoking his privileges.  Appellate court affirmed summary judgment that the hospital immune from damages under HCQIA and reversed trial court and entered summary judgment in hospital’s favor on claim for injunctive relief based on alleged violation of hospital bylaws and IHLA. Murfin v. St. Mary's Hosp., 2016 IL App (5th) 140136-U (Ill. App. Ct. 5th Dist. 2016).
  • Provided counsel to BP in connection with Petroleum Marketing Practices Act issues and the $2.6 billion sale of its Texas City refinery.
  • Counseled CST Brands on contract documents for dealer relationships in connection with the divestment of about 100 station properties.
  • Counseled a buyer on Petroleum Marketing Practices Act issues in connection with the acquisition and later divestment of Gulf’s retail assets.
  • Successfully defended private hospital from state law claims for temporary restraining order, preliminary and permanent injunctive relief, and declaratory judgment, brought by staff physician who claimed that his medical staff membership and clinical privileges were improperly terminated in violation of the hospital’s medical staff bylaws. The Circuit Court dismissed the claims after a full evidentiary hearing on the physician’s petition for a preliminary injunction. The decision was affirmed by the Missouri Court of Appeals for the Eastern District. Adem v. Des Peres Hospital, Inc., 515 S.W.3d 810 (2017), transfer denied (Feb 28, 2017), transfer denied (May 02, 2017).
  • Successfully defended private hospital from state law claims for injurious falsehood and tortious interference with contract and business expectancy brought by staff physician who claimed that his medical staff membership and clinical privileges were improperly terminated. The decision was affirmed by the Eighth Circuit. Johnson v. SSM Health Care St. Louis, 2013 U.S. Dist. LEXIS 12412 (E.D. Mo. January 30, 2013).
  • Successfully prosecuted claim to enforce brand covenants/deed restrictions critical to major oil refiner’s distribution network in Virginia. BP Prods. N. Am., Inc. v. Stanley, 669 F.3d 184 (4th Cir. 2012).
  • Successfully defended major oil refiner against contract and tort claims for bad faith, discriminatory and predatory pricing. Self v. Equilon Enterprises, LLC.
  • Successfully defended petroleum marketer against Missouri Attorney General’s issuance of a Civil Investigative Demand (CID) directed at alleged violations of the Missouri Motor Fuel Marketing Act's below-cost pricing prohibition. Ports Petroleum, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo. 2001).
  • Successfully defended private hospital from state antitrust and related common law claims for tortious interference with contract, defamation, retaliatory discharge, malicious prosecution, abuse of process and civil conspiracy brought by staff physician who claimed that his medical staff privileges and employment contract were improperly terminated. Misischia v. St. John’s Mercy Medical Center, 30 S.W.3d 848 (Mo.Ct.App. 2000).
  • Successfully defended private hospital from federal antitrust and related state law claims for breach of contract, tortious interference with contract, defamation, and intentional and negligent infliction of emotional distress brought by staff physician who claimed that his medical staff privileges were improperly restricted and later terminated. Sugarbaker v. SSM Health Care, 187 F.3d 853 (8th Cir. 1999).
  • Authored hospital association’s amicus brief that shaped court’s opinion that medical staff bylaws do not form an enforceable contract. Zipper v. Health Midwest, 978 S.W.2d 398 (Mo. Ct. App. 1998).
  • Successfully defended private hospital against claim by staff physician seeking to enjoin hospital from reporting peer review action to National Practitioner Data Bank. Sugarbaker v. SSM Health Care, 946 S.W.2d 280 (Mo.Ct.App. 1997).
  • Successfully defended local television station against claims brought by subjects of breaking news story for alleged civil rights violations and related state law claims of invasion of privacy. Parker v. Boyer, 93 F.3d 445 (8th Cir. 1996).
  • Successfully prosecuted contract claims against, and defended counterclaims for tortious interference with contract brought by, former physician employee. SSM Health Care, Inc. v. Deen, 890 S.W.2d 343 (Mo.Ct.App. 1994).

Experience

  • Successfully defended and obtained dismissal of defamation claim against client seeking $2.5 million in damages in federal court in Austin.
  • Successfully defended private hospital from physician’s state law claims seeking injunctive relief to reinstate him to medical staff and for damages based on alleged termination of his medical staff privileges and membership.  The physician alleged that the hospital violated its bylaws and the Illinois Hospital Licensing Act (IHLA) when revoking his privileges.  Appellate court affirmed summary judgment that the hospital immune from damages under HCQIA and reversed trial court and entered summary judgment in hospital’s favor on claim for injunctive relief based on alleged violation of hospital bylaws and IHLA. Murfin v. St. Mary's Hosp., 2016 IL App (5th) 140136-U (Ill. App. Ct. 5th Dist. 2016).
  • Provided counsel to BP in connection with Petroleum Marketing Practices Act issues and the $2.6 billion sale of its Texas City refinery.
  • Counseled CST Brands on contract documents for dealer relationships in connection with the divestment of about 100 station properties.
  • Counseled a buyer on Petroleum Marketing Practices Act issues in connection with the acquisition and later divestment of Gulf’s retail assets.
  • Successfully defended private hospital from state law claims for temporary restraining order, preliminary and permanent injunctive relief, and declaratory judgment, brought by staff physician who claimed that his medical staff membership and clinical privileges were improperly terminated in violation of the hospital’s medical staff bylaws. The Circuit Court dismissed the claims after a full evidentiary hearing on the physician’s petition for a preliminary injunction. The decision was affirmed by the Missouri Court of Appeals for the Eastern District. Adem v. Des Peres Hospital, Inc., 515 S.W.3d 810 (2017), transfer denied (Feb 28, 2017), transfer denied (May 02, 2017).
  • Successfully defended private hospital from state law claims for injurious falsehood and tortious interference with contract and business expectancy brought by staff physician who claimed that his medical staff membership and clinical privileges were improperly terminated. The decision was affirmed by the Eighth Circuit. Johnson v. SSM Health Care St. Louis, 2013 U.S. Dist. LEXIS 12412 (E.D. Mo. January 30, 2013).
  • Successfully prosecuted claim to enforce brand covenants/deed restrictions critical to major oil refiner’s distribution network in Virginia. BP Prods. N. Am., Inc. v. Stanley, 669 F.3d 184 (4th Cir. 2012).
  • Successfully defended major oil refiner against contract and tort claims for bad faith, discriminatory and predatory pricing. Self v. Equilon Enterprises, LLC.
  • Successfully defended petroleum marketer against Missouri Attorney General’s issuance of a Civil Investigative Demand (CID) directed at alleged violations of the Missouri Motor Fuel Marketing Act's below-cost pricing prohibition. Ports Petroleum, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo. 2001).
  • Successfully defended private hospital from state antitrust and related common law claims for tortious interference with contract, defamation, retaliatory discharge, malicious prosecution, abuse of process and civil conspiracy brought by staff physician who claimed that his medical staff privileges and employment contract were improperly terminated. Misischia v. St. John’s Mercy Medical Center, 30 S.W.3d 848 (Mo.Ct.App. 2000).
  • Successfully defended private hospital from federal antitrust and related state law claims for breach of contract, tortious interference with contract, defamation, and intentional and negligent infliction of emotional distress brought by staff physician who claimed that his medical staff privileges were improperly restricted and later terminated. Sugarbaker v. SSM Health Care, 187 F.3d 853 (8th Cir. 1999).
  • Authored hospital association’s amicus brief that shaped court’s opinion that medical staff bylaws do not form an enforceable contract. Zipper v. Health Midwest, 978 S.W.2d 398 (Mo. Ct. App. 1998).
  • Successfully defended private hospital against claim by staff physician seeking to enjoin hospital from reporting peer review action to National Practitioner Data Bank. Sugarbaker v. SSM Health Care, 946 S.W.2d 280 (Mo.Ct.App. 1997).
  • Successfully defended local television station against claims brought by subjects of breaking news story for alleged civil rights violations and related state law claims of invasion of privacy. Parker v. Boyer, 93 F.3d 445 (8th Cir. 1996).
  • Successfully prosecuted contract claims against, and defended counterclaims for tortious interference with contract brought by, former physician employee. SSM Health Care, Inc. v. Deen, 890 S.W.2d 343 (Mo.Ct.App. 1994).