United States Ninth Circuit
Yakima Valley Memorial Hosp. v. Washington State Dept. of Health, 10-35497
In an antitrust preemption and dormant clause challenge to defendant's regulations requiring certification to perform elective percutaneous coronary interventions (PCI), Wash. Admin. Code section 246-310-700, Rule 12(c) dismissal by the district court is affirmed where plaintiff failed to state a claim of antitrust preemption because the PCI regulations were a unilateral restraint of trade not barred by the Sherman Act, but reversed where on the constitutional challenge, the failed to prove congressional authorization for the subject regulations.
Appellate Information
- Decided 08/19/2011
- Published 08/19/2011
Judges
- FISHER
Court
- United States Ninth Circuit