COLON HEALTH CENTERS OF AMERICA, LLC v. HAZEL

No. 12-2272.

733 F.3d 535 (2013)

COLON HEALTH CENTERS OF AMERICA, LLC; Washington Imaging Associates-Maryland, LLC, d/b/a Progressive Radiology, Plaintiffs-Appellants, v. Bill HAZEL, in his official capacity as Secretary of Health and Human Resources; Bruce Edwards, in his official capacity as Chairman of the Virginia State Board of Health; Paul Clements, in his official capacity as member of the Virginia State Board of Health; Kay R. Curling, in her official capacity as member of the Virginia State Board of Health; Eric Deaton, in his official capacity as member of the Virginia State Board of Health; John Detriquet, in his official capacity as member of the Virginia State Board of Health; James E. Edmondson, Jr., in his official capacity as member of the Virginia State Board of Health; Steven R. Escobar, in his official capacity as member of the Virginia State Board of Health; H. Anna Jeng, in her official capacity as member of the Virginia State Board of Health; Charles K. Johnson, in his official capacity as member of the Virginia State Board of Health; Bennie Marshall, in his official capacity as member of the Virginia State Board of Health; Mary McCluskey, in her official capacity as member of the Virginia State Board of Health; M. Catherine Slusher, in her official capacity as member of the Virginia State Board of Health; Gail Taylor, in her official capacity as member of the Virginia State Board of Health; Amy Vest, in her official capacity as member of the Virginia State Board of Health; Eric O. Bodin, in his official capacity as Acting Director of the Office of Licensure and Certification and Director of the Division of Certificate of Public Need; Maureen Dempsey, in her official capacity as State Health Commissioner; John W. Seeds, in his official capacity as member of the Virginia State Board of Health, Defendants-Appellees. Pacific Legal Foundation; Curvebeam, LLC, Amici Supporting Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: October 23, 2013.


Attorney(s) appearing for the Case

ARGUED: Robert McNamara , Institute for Justice, Arlington, Virginia, for Appellants. Earle Duncan Getchell, Jr. , Office of the Attorney General Of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: William H. Mellor , Lawrence Salzman , Darpana M. Sheth , Institute for Justice, Arlington, Virginia, for Appellants. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Michael H. Brady , Assistant Solicitor General, Patricia L. West , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. Timothy Sandefur , Pacific Legal Foundation, Sacramento, California, for Amicus Pacific Legal Foundation. Lewis S. Wiener , David W. Arrojo , Sutherland Asbill & Brennan LLP, Washington, D.C., for Amicus Curvebeam, LLC.

Affirmed in part, reversed in part, and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Judge WILSON joined. Judge WILSON wrote a concurring opinion.


WILKINSON, Circuit Judge:

Appellants are out-of-state medical providers who seek to open facilities in Virginia similar to those they operate in other states. They are hindered by Virginia's certificate-of-need requirement, which they challenged in the court below under a variety of constitutional theories. That court dismissed the suit for failure to state a claim upon which relief could be granted. We reverse the dismissal of appellants' Commerce Clause claims,...

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