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MCLEAY v. BERGAN MERCY HEALTH SYSTEMS CORP.

No. S-04-117.

714 N.W.2d 7 (2006)

271 Neb. 602

John F. McLEAY, M.D., Appellant and Cross-Appellee, v. BERGAN MERCY HEALTH SYSTEMS CORP., doing business as Bergan Mercy Medical Center, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

May 19, 2006.

Attorney(s) appearing for the Case

David S. Houghton, J.P. Sam King, and Robert W. Mullin, of Lieben, Whitted, Houghton, Slowiaczek & Cavanagh, P.C., L.L.O., Omaha, for appellant.

P. Shawn McCann, of Sodoro, Daly & Sodoro, P.C., Omaha, for appellee.

HENDRY, C.J., CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ., and HANNON, Judge, Retired.

CONNOLLY, J.

John F. McLeay, M.D., sued Bergan Mercy Health Systems Corp. (Bergan) after a peer review board suspended his privileges. The district court granted Bergan's motion for summary judgment, determining that Bergan was immune from liability under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11101 et seq. (2000). We reversed in part and affirmed in part, because Bergan failed to show...

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