United States Fourth Circuit

In an antitrust and 42 U.S.C. section 1983 action based on the denial of hospital staff privileges, summary judgment for Defendants is affirmed, where Defendants were entitled to Health Care Quality Improvement Act immunity because Plaintiff received a fair notice and hearing under the circumstances.

Appellate Information

• Decided 04/10/2009
• Published 04/10/2009

Judges

• Before GREGORY and AGEE, Circuit Judges, and Rebecca Beach SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Winston Starr, Pepperdine University School of Law, Malibu, California, for Appellant.  Richard D. Jones, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Charleston, West Virginia, for Appellees.   ON BRIEF:  John C. Yoder, Harpers Ferry, West Virginia, for Appellant.   David S. Givens, Flaherty, Sensabaugh & Bonasso, P.L.L.C., Wheeling, West Virginia, for Appellees.  Andrew L. Schlafly, Far Hills, New Jersey, for Amicus Supporting Appellant.