Climate Change Project

Table of Contents



Quinn V. Kent Gen. Hosp., Inc., 617 F. Supp. 1226 (District Court Del. 1986)

Who brought the case and why?

Who are the defendants?

What are his claims?

Who can admit patients?

Are you admitted to staff at once?

What status did plaintiff apply for?

What was plaintiff's problem?

How did he cure this problem?

What was the hospital's response?

What was the reason?

What was the call problem?

What was the process?

What did he do when he exhausted his administrative remedies?

II. SUMMARY JUDGMENT: The Civil Rights Causes of Action

What were his civil rights claims?

What was his problem with sec 1981 and 1982?

What about 1983?

What is the color of state law?

What were the public actions?

What was the status of the law before Jackson v. Metropolitan?

What happened in Jackson?


What was the claimed state action in Burton?

State action and why?

What happened in Hodge?

What is the result for Dr. Quinn?

What about the monopoly of state-regulated services?

What about federal regulations?

What about the Delaware Medical Peer Review Statue?

What is the state involvement in the peer process argument?

What is the purpose of the statute?

What are his constitutional claims?

Do they apply to private citizens?

What is the intent requirement?

What was 1985 aimed at? - KKK

What happened in United Brotherhood of Carpenters & Joiners v. Scott?

Supreme court decision?

What is the basis of the discrimination against Quinn?

III. SUMMARY JUDGMENT: The Antitrust Causes of Action

A. Jurisdiction - what was the interstate commerce?

What does the Sherman act require?

Does he have jurisdiction?

What is the Parker doctrine - the raisin case

What is the test?

How is this different from 1983?

Which is harder to get - Parker or 1983?

Parker immunity demand 1983?

Was peer review under the state law a 1983 activity?

What is the defendant's argument for immunity?

What happened in Marrese?

What were the requirements of the Indiana law?

What was the key requirement for triggering Parker?

Where did Marrese's lawyers possibly screw up?

What is Quinns argument about immunity?

How did Southern Motor Carriers Modify Goldfarb?

How was Goldfarb distinguished?

Did they buy Marrese?

What additional requirement did they look for?

How clear must the legislative intent be?

Is there any indication in the Delaware law?

Is there any reason why competition and peer review are linked?

Why is it pro-competitive?

What was the concern in Marrese?

How did the court distinguish Marrese?

How does is this supported by the Supreme court?

What happened in Hoover?

How is this different?

Can the state be liable for antitrust?

Who acts in Quinn?

What should the court inquire into?

Was there immunity?

Was there state supervision?

What about good faith immunity?

What was the Noerr case?

Sound familiar?


Why does in not apply here?

How about the zoning contest?

Problems with their brief regarding charitable immunity?

What was their excuse?

Would it apply to a federal case?

C. The Substantive Antitrust Claims

What was the contract or conspiracy?

What was their defense?

When can an agent conspire with a principal?

Where they direct competitors?

What is the key question?

Quinn's position on conspiracies?

What are the different entities?

Where were the competitors?

How are non-orthopedic surgeons adversely affected?

Is the medical staff a single unified entity?

Is this a conspiracy for antitrust purposes?

What about the hospital conspiring with the medical staff?

Why did the 3rd circuit find there could be no conspiracy between the hospital and the medical staff?

What is sec. 2 of the Sherman Act?

Is there a conspiracy element in sec 2?

Can the medical staff violate sec. 2 on it own?

What is the basis of the hospital's rule of reason defense?

Is the court persuaded?

Why not?

Why is his claim that he can get there in time important?

Do all the docs live that close?

What is the hospital's misconstruction of the rule of reason?

What is a group boycott?

How do you figure out whether the rule of reason applies?

What must be considered?

Are these factors for summary judgment?

What is the defendant's first argument for a protective order?

What about the Delaware peer review law?

Are the feds bound to respect state privileges?

What were the issues in Memorial Hospital v. Shadur?

What is this federal common law?

What was the holding?

Does he get his discovery?

What is the objection based on the trouble of getting the records?

What do they have to provide?

Why might this be a problem for the hospital?

What about physician-patient relationship privilege?

Is there a federal physician-patient privilege?

What if the case is one of mixed state and federal law?

How can they protect the privacy of the patients?

What does the OJ trial tell you about the privacy of witness and bystanders?


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