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GENOVA v. BANNER HEALTH

No. 12-1314.

734 F.3d 1095 (2013)

Ron GENOVA, M.D., Plaintiff-Appellant, v. BANNER HEALTH; Rick Sutton, Defendants-Appellees. American Academy of Emergency Medicine, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

August 20, 2013.

Attorney(s) appearing for the Case

Charles H. Torres of Charles H. Torres, P.C., Denver, CO, for Plaintiff-Appellant.

W. Stuart Stuller ( Linda L. Siderius and Meghan E. Pound , Caplan and Earnest LLC, Boulder, CO, with him on the briefs) of Caplan and Earnest LLC, Boulder, CO, for Defendants-Appellees.

Libby Hougland Banks , Phoenix, AZ, and Joseph P. Wood , Scottsdale, AZ, for Amicus Curiae American Academy of Emergency Medicine.

Before TYMKOVICH, HOLLOWAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

When holding a hammer, every problem can seem a nail. After Banner Health decided it no longer wanted his services at its hospital, Dr. Ron Genova brought this lawsuit. He argues that Banner retaliated against him for complaining about overcrowded emergency room conditions, that the hospital's conduct violated the Emergency Medical Treatment and Active Labor Act (EMTALA), and that he is entitled to damages. We don't doubt Dr. Genova acted as...

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