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MANION v. EVANS

No. 92-3313.

986 F.2d 1036 (1993)

William L. MANION, M.D., Plaintiff-Appellee, v. George EVANS, M.D., Defendant, Lima Memorial Hospital and Gregory Turner, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1993.

Attorney(s) appearing for the Case

Richard M. Kerger, Marshall & Melhorn, Toledo, OH, Charles William Bair (argued and briefed), Wagoner, Steinberg, Chinnis & Dorf, Holland, OH, for plaintiff-appellee.

Michael J. Malone (briefed), Julie A. Davenport, Oxley, Malone, Fitzgerald & Hollister, Findlay, OH, Eric Springer (briefed), Barbara Blackmond (argued and briefed), Horty, Springer & Mattern, Pittsburgh, PA, for defendants-appellants.

Catherine M. Ballard (briefed), James J. Hughes, Bricker & Eckler, Columbus, OH, amicus curiae Ohio Hosp. Ass'n, American Hosp. Ass'n.

Russell Iungerich (briefed), Los Angeles, CA, amicus curiae The Semmelweis Society.

Kimberly S. Davenport, California Medical Ass'n, San Francisco, CA, amicus curiae American Medical Ass'n, California Medical Ass'n, Ohio State Medical Ass'n.

Before: NORRIS and SILER, Circuit Judges; and EDGAR, District Judge.

ALAN E. NORRIS, Circuit Judge.

Defendants Lima Memorial Hospital and its president, Gregory Turner, appeal the district court's denial of summary judgment in plaintiff Dr. William L. Manion's antitrust action based upon the theory of bad faith peer review. The district court held that there was a genuine issue of material fact regarding whether the Health Care Quality Improvement Act, 42 U.S.C. §§ 11101-11152, shielded defendants from liability. Because...

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