Opinion

Cooper v. Forsyth County Hospital Authority, Inc.

  • 789 F.2d 278
Court
Court of Appeals for the Fourth Circuit
Filed
Apr 24, 1986
Status
Published
Author
Motz
On the bench
Ervin, Motz
Cited by
14 cases

“Section 1 of the Sherman Act clearly prohibits members of a medical-dental staff from agreeing with one another to coerce a hospital’s trustees to deny privileges to members of a competing profession for the purpose of furthering their economic self-interest.”

How later courts described this case

  • “Section 1 of the Sherman Act clearly prohibits members of a medical-dental staff from agreeing with one another to coerce a hospital’s trustees to deny privileges to members of a competing profession for the purpose of furthering their economic self-interest.”

Written by the judges who cited it.

The opinion

MOTZ, District Judge

(concurring).

Because I agree that plaintiffs did not allege a conspiracy among individual members of the medical-dental staff of the For-syth Hospital, I concur. However, in my view Section 1 of the Sherman Act clearly prohibits members of a medical-dental staff from agreeing with one another to coerce a hospital’s trustees to deny privileges to members of a competing profession for the purpose of furthering their economic self-interest. A jury could properly infer the existence of such an unlawful agreement from evidence of threats made to the trustees of mass resignations by the members of the medical-dental staff and the absence of demonstrably sound reasons relating to the quality of patient care underlying the defendants’ actions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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