Bolt v. Halifax Hospital Medical Center

In concluding that HHMC is entitled to state action immunity from antitrust liability, the majority commits two independent and distinct errors. First, the majority errs in entertaining the immunity defense. In Bolt II, the en banc court unequivocally held that the appellee hospitals, including HHMC, had waived “any claim that they were immune from antitrust liability under the state action exemption.” 874 F.2d at 756. This panel is without authority to disregard the en banc court’s mandate by now entertaining this very same immunity defense. Second, assuming the panel is authorized to reach…