United States Second Circuit

In an antitrust action, district court's grant of judgment on the pleadings and dismissal on grounds that state action immunity applied to all defendants is vacated and remanded where: 1) defendant Westchester County Health Care Corporation is entitled to the same status as a municipality for purposes of the state action immunity analysis, and the behavior by WCHCC was a foreseeable consequence of the authorizations in WCHCC's enabling statute; and 2) a private party is not exempted from the active supervision prong of the Midcal test simply by virtue of purporting to act pursuant to a contract with a governmental entity that itself would be entitled to state action immunity, and on remand the private defendants-doctors must therefore show that they were actively supervised by WCHCC in order to share in its immunity.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• DRONEY, District Judge:, Before:  CALABRESI and WESLEY, Circuit Judges, and DRONEY, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard G. Menaker, Menaker & Herrmann, New York, N.Y., for Petitioners.


• For Appellees:
  
• Jordy Rabinowitz, Senior Associates General Counsel, Westchester County Health Care Corporation, Office of Legal Affairs Executive Offices, Valhalla, N.Y., for Respondents.