Legal Opinion

Feller v. the Miriam Hospital

Superior Court of Rhode Island

Decided October 30, 2009No. C.A. No. PB 07-5603Published

1Opinion of the Court

DECISION

Before this Court is a Sup. R. Civ. P. 56 motion for summary judgment brought by The Miriam Hospital ("Miriam"), Kathleen Hittner, M.D., and Harry Sax, M.D. (collectively, "Defendants"). They claim they are entitled to summary judgment as to Counts One through Seven because (1) they are entitled to immunity from liability under the Health Care Quality Improvement Act ("HCQIA or Act");1 (2) the allegedly defamatory statements made by Dr. Sax were qualifiedly privileged and not a result of an improper motive; and (3) Plaintiff has not met his burden of proof under the Rhode Island Civil…

2Cases cited50 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  3. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  4. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  5. Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009

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