· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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