Hangley Aronchick shareholders Jason Levine and Robert Wiygul, and associate Nicholas Bellos, will represent Bergen Pharmacy, a pharmacy on the University Hospital campus in Newark, New Jersey, before the New Jersey Supreme Court to challenge University Hospital’s award of a contract to an out-of-state entity for the design, construction and management of another pharmacy on the campus.
The New Jersey Supreme Court will decide if University Hospital is a state administrative agency, a decision which could have implications for how legal challenges to the hospital are handled and whether the hospital is subject to procurement laws. If the state Supreme Court decides that University Hospital is not a state administrative agency, then the hospital would not be subject to New Jersey’s public procurement laws or conflict interest rules.
The case stems from Bergen Pharmacy submitting a bid protest and then appealing University Hospital’s denial of the protest and post-contract award change in location to the Appellate Division of the New Jersey Superior Court. The Appellate Division dismissed both appeals on jurisdictional grounds. The firm then filed petitions for certification with the New Jersey Supreme Court, which granted the petitions on July 19, 2023.
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