Legal Opinion

Doe v. Leavitt

Court of Appeals for the First Circuit

Decided January 14, 2009No. 08-1431PublishedCited by 42 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This appeal requires us to construe the word “investigation” as that word is used in a provision of the Health Care Quality Improvement Act (HCQIA), a statute that directs hospitals and other health care entities to report to the Secretary of Health and Human Services (the Secretary) in the event that a physician surrenders his clinical privileges while he is “under an investigation” for suspected incompetence or improper professional conduct. 42 U.S.C. § 11133(a)(l)(B)(i). The question is one of first impression at the federal appellate level.

In the underlying…

2Cases cited31 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005

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3Cited by42 opinions

  1. Sierra Club v. U.S. Dep't of the InteriorCourt of Appeals for the Fourth Circuit · 2018
  2. Merrimon v. Unum Life Insurance Co. of AmericaCourt of Appeals for the First Circuit · 2014
  3. Sai Kwan Wong Ex Rel. Wong v. DoarCourt of Appeals for the Second Circuit · 2009
  4. Akebia Therapeutics, Inc. v. AzarCourt of Appeals for the First Circuit · 2020
  5. River Street Donuts, LLC v. NapolitanoCourt of Appeals for the First Circuit · 2009

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