Lafaro v. N.Y. Cardiothoracic Group, PLLC, No. 08-4621

In an antitrust action, district court's grant of judgment on the pleadings and dismissal on grounds that state action immunity applied to all defendants is vacated and remanded where: 1) defendant Westchester County Health Care Corporation is entitled to the same status as a municipality for purposes of the state action immunity analysis, and the behavior by WCHCC was a foreseeable consequence of the authorizations in WCHCC's enabling statute; and 2) a private party is not exempted from the active supervision prong of the Midcal test simply by virtue of purporting to act pursuant to a contract with a governmental entity that itself would be entitled to state action immunity, and on remand the private defendants-doctors must therefore show that they were actively supervised by WCHCC in order to share in its immunity. 

Read Lafaro v. N.Y. Cardiothoracic Group, PLLC, No. 08-4621

Appellate Information
Appeal from the United States District Court for the Southern District of New York.
Argued March 16, 2009
Filed: July 1, 2009

Judges
Before: CALABRESI and WESLEY, Circuit Judges, and DRONEY, District Judge.
Opinion by DRONEY, District Judge.

Counsel
For Petitioner: Richard G. Menaker, Menaker & Herrmann, New York, N.Y
For Respondent: Jordy Rabinowitz, Westchester County Health Care Corporation, Valhalla, N.Y.