United States DC Circuit

Defendant-HHS's denial of medical malpractice coverage to plaintiff-medical center was arbitrary and capricious since it failed to address evidence of physicians' separate guarantees of their personal performance.

Appellate Information

• Argued 11/05/2004
• Decided 02/08/2005
• Published 02/08/2005

Judges

• Before:  HENDERSON and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard S. Scher, Attorney, U.S. Department of Justice, argued the cause for appellants.   With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Jeffrey S. Bucholtz, Deputy Assistant Attorney General, and Robert S. Greenspan, Attorney.


• For Appellees:
  
• James L. Feldesman argued the cause for appellees.   With him on the brief were Khatereh S. Ghiladi and Robert A. Graham.