MIDWEST DIVISION — MMC, LLC v. N.L.R.B.

No. 15-1312 Consolidated with 15-1359.

867 F.3d 1288 (2017)

MIDWEST DIVISION-MMC, LLC, doing business as Menorah Medical Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Nurses Organizing Committee-Kansas/National Nurses United, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2017.


Attorney(s) appearing for the Case

Shay Dvoretzky , Washington, DC, argued the cause for petitioner. On the briefs was Noel J. Francisco.

G. Roger King , Washington, DC, was on the brief for amicus curiae HR Policy Association in support of petitioner.

William E. Quirk , Kansas City, MO, was on the brief for amici curiae The American Hospital Association, et al. in support of petitioner.

Kellie J. Isbell , Attorney, National Labor Relations Board, argued the cause for respondent. On the brief were Richard F. Griffin, Jr. , General Counsel, John H. Ferguson , Associate General Counsel, Linda Dreeben , Deputy Associate General Counsel, Robert J. Englehart , Supervisory Attorney, and Jeffrey W. Burritt , Attorney.

Nicole J. Daro argued the cause for intervenor. On the brief was Brendan White.

Opinion concurring in part and dissenting in part filed by Circuit Judge Kavanaugh.


Kansas law calls for hospitals to establish an internal peer-review program to monitor the quality of care furnished by their medical professionals. As required by state law, Menorah Medical Center, a Kansas acute-care hospital, formed a peer-review committee for the facility's nursing staff. The committee examines alleged...

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