Legal Opinion

Fresenius Medical Care Holdings, Inc. v. Francois

District Court, N.D. Florida

Decided May 27, 2011No. Case No. 4:03cv411-SPM/GRJPublishedCited by 5 opinions

1Opinion of the Court

*1366 ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

STEPHAN P. MICKLE, Chief Judge.

This cause comes before the Court on the parties’ cross motions for summary-judgment. Docs. 86 and 94. At issue is whether the Florida referral statute, which prohibits Florida doctors from referring patients for lab work to entities in which they hold an ownership interest, is preempted by Federal law, violates the commerce clause, and violates due process and equal protection. For the following reasons, the Court finds that the Florida statute is an appropriate exercise of state authority. Accordingly,…

2Cases cited17 opinions

  1. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
  4. Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
  5. Garcia v. United StatesSupreme Court of the United States · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Fresenius Medical Care Holdings, Inc. v. TuckerCourt of Appeals for the Eleventh Circuit · 2013
  2. Gallardo ex rel. Vassallo v. DudekDistrict Court, N.D. Florida · 2017
  3. AstraZeneca Pharmaceuticals LP v. Aaron Frey, et al.District Court, D. Maine · 2026
  4. Fresnius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.Court of Appeals for the Eleventh Circuit · 2013
  5. Fresnius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.Court of Appeals for the Eleventh Circuit · 2013

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