United States First Circuit

In a physicians' suit against HMOs, alleging constitutional and antitrust claims, arising from their cancellation of contracts for refusing to accept capitation payments rather than fee-for-service payments, district court's grant of defendants' motion to dismiss is affirmed where: 1) because the defendants are not governmental actors, plaintiffs' constitutional claims necessarily fail; and 2) because defendants are wholly owned subsidiaries of the same parent company, and not independent firms, defendants cannot violate Sherman Act section 1's conspiracy prohibition.

Appellate Information

• Decided 09/07/2012
• Published 09/07/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel