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FREILICH v. UPPER CHESAPEAKE HEALTH SYSTEMS, INC.

No. 4, September Term, 2011.

33 A.3d 932 (2011)

423 Md. 690

Linda FREILICH, et al. v. UPPER CHESAPEAKE HEALTH SYSTEMS, INC., et al.

Court of Appeals of Maryland.

December 19, 2011.

Attorney(s) appearing for the Case

Paul S. Blumenthal (Law Office of Paul S. Blumenthal, P.A., Annapolis, MD), on brief, for Petitioners.

Jonathan B. Sprague ( Kathleen M. Chancier of Post & Schell, P.C., Philadelphia, PA; Craig B. Merkle and K. Nicole Nesbitt of Goodell, Devries, Leech & Dann, LLP, Baltimore, MD), on brief, for Respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, AD KINS and BARBERA, JJ.

ADKINS, J.

In this case we must determine the relevance of, and how to prove, a hospital's alleged retaliatory animus in refusing to renew a physician's privileges on the defendants' motion for summary judgment based on the Health Care Quality Improvement Act of 1986 ("HCQIA"), 42 U.S.C. §§ 11101-11152 (1994). After Harford Memorial Hospital ("Harford") declined to renew the privileges of Dr. Linda Freilich,

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