Legal Opinion · Concurring in part, dissenting in part

HealthBridge Management, LLC v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided August 18, 2015No. 14-1101, 14-1116Published

1Concurring in part, dissenting in partKaren Lecraft Henderson, Circuit Judge

Conspicuously absent from either the NLRB’s order or the majority opinion is recognition of a poignant reality: nursing homes provide critical care for the most vulnerable Americans. They compose our chronically “sickest” population; “[o]nly a hospital patient would be considered sicker.” Warner-Maron Trial Test. 541. Indeed, their residence in a nursing home typically means that they cannot “live outside an institution” because they “require ... care and supervision.” Id. Many suffer from, “multiple illnesses, comorbidities [and] superimposed cognitive deficits”; accordingly, they depend on…

2Cases cited13 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Rena Sklar Oppenheim v. Robert H. Finch, Secretary of Health, Education and Welfare (Now Caspar Weinberger,)Court of Appeals for the Fourth Circuit · 1974
  3. Allen Peteet, Ann I. Greenhill, Individually and on Behalf of the Heirs of the Estate of James Edward Greenhill, Deceased v. Dow Chemical CompanyCourt of Appeals for the Fifth Circuit · 1989
  4. National Labor Relations Board v. Baptist Hospital, Inc.Supreme Court of the United States · 1979
  5. United States v. MejiaCourt of Appeals for the D.C. Circuit · 2010

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