In The Medical Center at Elizabeth Place, LLC v. Atrium Health System, the Sixth Circuit reversed a well-known district court decision that a joint venture between separately owned hospitals was incapable of conspiring under Section One of the Sherman Act. The Court found that a group of hospitals acting under a Joint Operating Agreement (JOA) as an integrated health network, but maintaining their individual missions and management, were separate entities for purposes of antitrust liability. In a decision written by Judge Merritt, and joined by Judge Daughtrey, the court held that the hospitals should be considered separate (and therefore capable of colluding) because they “continue to function more or less as independent and competing hospitals” even after entering into the JOA, and because the decision-makers at each hospitals consider themselves to be “competing with each other” and the hospitals retain their assets separately. The court also … [Read more...] about Sixth Circuit Finds Section One Of Sherman Act Applies To Integrated Hospital System
Atrium extrusion systems
Roper previously had announced he would step down in May of next year and return to the Chapel Hill campus in 2020 to teach at the medical school. A pediatrician by training, Roper has held high-profile managerial roles in business, government and academia. … [Read more...] about Roper named interim UNC president. He and Spellings will overlap for 2 weeks during transition.
Plaintiff, a 26-bed acute-care hospital in Dayton, Ohio, alleged that Defendants orchestrated a per se illegal group boycott to deny it access to the physicians, physician referrals, and managed care contracts it needed to compete. Defendants moved for summary judgment, arguing that their actions under the JOA constituted conduct by a single entity, and thus, under Copperweld Corp. v. Independent Tube Corp. (“Copperweld”), 467 U.S. 752 (1984), they were incapable of conspiring in violation of Section 1 of the Sherman Act, which applies only to joint conduct. … [Read more...] about Ohio District Court Deems Hospital Alliance a Single Entity Incapable of Conspiring Under the Antitrust Laws
All the accused persons were found to be armed with weapons – iron rods andscrewdriverr. The victim was unarmed at the time of alleged incident. The number of assailants comes to six in number. But, the victim was alone at the time of commission of offence. A pre meditated commission of offence is well evident. Accused No. 1 made an altercation that they are the workers of RSS and they would kill him presumably on the reason that he is an active worker of SFI – DYFI. There were indiscriminate attack on the victim causing punctured wounds 8 in numbers (injury Nos. 10, 13, 30, 32, 38, 39, 40 and 62) having a depth ranging from 3.3cm to 13.2cm. All the punctured wounds having a depth of more than 7.5cm except injury Nos. 10 and 62. All these injuries were produced by using a screw driver. Injury Nos. 1, 6 and 46 are sufficient to cause death in its ordinary course of nature. The accused No. 1 stretched his body by pulling the body of the … [Read more...] about On Judicial Accountability To Law
the hospitals were independently owned and operated;one defendant described Defendants’ operations as “separate healthcare systems operating under the guidance of Premier”;the JOA was a “consolidation of revenue streams”;Premier had never reported any assets, liabilities, revenue, income, or expenses;each hospital had independently maintained ownership of, and responsibilities for, its respective assets, liabilities, revenue, equity, and expenses;each hospital maintained separate governing boards under Ohio law that exercises authority for all business operations and decisions; andeach hospital made material independent decisions concerning their respective operations that are not managed by Premier.Defendants relied upon Healthamerica Penn. v. Susquehanna Health Sys., 278 F. Supp. 2d 423 (M.D. Pa. 2003) (Healthamerica), which similarly considered hospitals operating jointly under an alliance, and determined that it was “readily apparent that … [Read more...] about Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court