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Seventh Circuit· 8/13/2010

Abcarian v. McDonald

Citations

  • 617 F.3d 931
  • 31 I.E.R. Cas. (BNA) 17
  • 2010 U.S. App. LEXIS 16784
  • 2010 WL 3189153

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the Chief of Surgery had a responsibility to speak on issues that “directly affected” the surgical department including “risk management, the fees charged to physicians, and surgeon abuse of prescription medications” at the hospital more generally
  • holding plaintiff could not show a tangible loss of employment opportunity because he remained employed in his chosen profession
  • adding that courts must look “to the employee’s level of responsibility and the context in which the statements were made”
  • concluding that the Head of the Department of Surgery at a hospital had “significant authority and responsibility over a wide range of issues affecting the surgical departments at both institutions and therefore had a broader responsibility to speak in the course of his employment obligations”
  • concluding that Garcetti applies to such employees
  • stating that dismissal of a complaint does not by itself terminate litigation

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Williams, and Hamilton, Circuit Judges

Read full opinion on CourtListener

Cited by

52 cases in this archive cite this case; the 20 most cited are listed.

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Abcarian v. McDonald

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.