Miller v. Indiana Hospital

OPINION OF THE COURT

ALITO, Circuit Judge:

This case presents the question whether the doctrine of state-action antitrust immunity recognized in Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943), applies to a Pennsylvania hospital’s denial of physician staff privileges pursuant to its peer review procedures. The district court held that the hospital’s conduct was immune. Because it has not been established that Pennsylvania actively supervises such peer review decisions, we will reverse.

I

Dr. Ralph J. Miller, a licensed physician and surgeon, established a practice in Indiana,…