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· 12/13/2002

Freilich v. Upper Chesapeake Health, Inc.

Citations

  • 313 F.3d 205
  • 2002 WL 31780983

How courts have described this case

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

  • observing that \[h]ospitals have historically had wide discretion to make decisions regarding their medical staff\
  • noting that to state an ADA retaliation claim, the plaintiff must allege that he “engaged in conduct protected by the ADA,” not that he has a disability
  • reasoning that “[e]very hospital employee can allege at least a loose association with disabled patients” and that “[t]o allow Dr. Freilich to proceed on such a basis would arm every hospital employee with a potential ADA complaint”
  • holding a doctor's \generalized references to association with disabled persons ... [were] not sufficient to state a claim for associational discrimination under the ADA\ because \[e]very hospital employee can allege at least a loose association with disabled patients\
  • affirming district court’s dismissal of plaintiffs ADA retaliation claim and noting “Congress declined to give courts a mandate to arbitrate such disputes”
  • finding no Tenth Amendment violation where state medical boards were required to share doctors’ licensure information

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Widener, King

Read full opinion on CourtListener

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.