2nd Circ. Revives Antitrust Suit Over Hospital Access

Law360, New York (July 1, 2009, 12:00 AM EDT) -- A federal appeals court has vacated a lower court's ruling of summary judgment for a surgeon and his practice — defendants in an antitrust case over access to operating rooms at state-run Westchester Medical Center in New York — finding that they are not necessarily immune from unfair competition claims even though the hospital is.

The U.S. Court of Appeals for the Second Circuit ruled Wednesday that remand was required to permit the U.S. District Court for the Southern District of New York to determine whether...
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