U.S. Court of Appeals for the Sixth Circuit
Med. Ctr. at Elizabeth Place, LLC v. Atrium Health Sys.
Panel
The judges who heard this appeal.
- Senior Judge Alice Moore Batchelder
- Chief Judge Jeffrey S. Sutton
Case history
-
April 25, 2019decided Decision issued in Med. Ctr. at Elizabeth Place, LLC v. Atrium Health Sys.
Opinions and writings
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 19a0078p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT THE MEDICAL CENTER AT ELIZABETH PLACE, LLC, ┐ Plaintiff-Appellant, │ │…
ALICE M. BATCHELDER, Circuit Judge. This is a case about competition among hospitals in Dayton, Ohio. When Medical Center at Elizabeth Place, LLC ("MCEP") opened in 2006, it was an acute care, for-profit hospital owned by 60 physicians and one corporate shareholder. By 2009, MCEP's existence as a physician-owned enterprise came to an end when it sold an ownership interest to Kettering Health Network, a competitor in …
SUTTON, Circuit Judge, concurring. I join Judge Batchelder's thoughtful opinion in full. I write separately to discuss the law-of-the-case doctrine and to explain why it does not apply to the prior panel's decision. What we call law of the case has two parts. The first part, known as the "mandate rule," is vertical. A lower court "is bound by the decree [of a higher court] as the law of the case, and must ca…