Climate Change Project

Table of Contents




Supreme Courts Limits State Action Defense in Medical Antitrust - Patrick v Burget 486 U.S. 94 (1988)

What are the basic facts?

What are the legal claims?

Procedural history

How big is Astoria?

How many hospitals?

What did he do to piss them off?

What did the defendant's do?

How did the BOME get involved?

What was the tie with the BOME?

What did the BOME do?

Did they have the courage of their convictions?

What did they hospital do next?

Did he get an impartial hearing?

What did he do?

What are the claimed violations?

What did the jury do?

Did the 9th circuit approve of the review?

Why did they reverse?

Is the supreme court ruling on whether the conduct of the BOME member was privileged?

What would you claim against him?

What was the Parker Case?

What is the two-pronged test for Parker immunity?

Where does the test fail in this case?

Why is active supervision important?

What must the state do?

What does Oregon do?

Do they have authority over the decisions themselves?

Is it the procedure that matters?

What is the requirement vis-a-via the BOME?

Why report to the BOME?

What about judicial review?

Why is missing in the Oregon scheme to really raise the issue of judicial review as state intervention?

What would be the extent of the review it occurred?

What were the policy arguments for finding immunity?

Why was this a bad case to make these arguments?


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