DAY v. JOHNS HOPKINS HEALTH SYSTEM CORP.

No. 17-2120.

907 F.3d 766 (2018)

Michael S. DAY, Jr., As Personal Representative and Administrator of the Estate of Michael S. Day, Sr. and on behalf of all others similarly situated; Christi Ann Jordan Jarrett, As Personal Representative and Administrator of the Estate of Junior McCoy Barr and on behalf of all others similarly situated, Plaintiffs-Appellants, v. JOHNS HOPKINS HEALTH SYSTEM CORPORATION, d/b/a The Johns Hopkins Hospital; The Johns Hopkins Hospital, Inc., d/b/a The Johns Hopkins Hospital; Johns Hopkins Imaging, LLC; The Johns Hopkins University, d/b/a Johns Hopkins Hospital; Paul Wheeler, MD, Defendants-Appellees. National Black Lung Association, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: October 26, 2018.


Attorney(s) appearing for the Case

ARGUED: Jonathan B. Nace , NIDEL & NACE, PLLC, Washington, D.C., for Appellants. James David Mathias , DLA PIPER LLP (US), Baltimore, Maryland, for Appellees. ON BRIEF: Christopher T. Nidel , NIDEL & NACE, PLLC, Washington, D.C., for Appellants. Andrew Jay Graham , Amy E. Askew , Justin A. Redd , KRAMON & GRAHAM PA, Baltimore, Maryland, for Appellee Paul Wheeler, M.D. Robert J. Mathias , Benjamin D. Schuman , DLA PIPER LLP (US), Baltimore, Maryland, for Appellees The John Hopkins Health System Corporation, The Johns Hopkins Hospital, Inc., Johns Hopkins Imaging, LLC, and The Johns Hopkins University. Stephen A. Sanders , APPALACHIAN CITIZENS' LAW CENTER, Whitesburg, Kentucky, for Amicus Curiae.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Thacker joined. Judge King wrote a dissenting opinion.


Plaintiffs brought suit against Dr. Paul Wheeler and Johns Hopkins Health System et al. for Wheeler's actions as an expert witness in administrative hearings for the Federal Black Lung Program. This lawsuit included a federal claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), Pub. L. No. 91-452,...

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