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Raymond Benitez v. The Charlotte-Mecklenburg Hospital Authority

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2145 · judgment March 23, 2021

Certiorari denied · December 6, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–11%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Fourth Circuit decision below.

Question presented

In relevant part, a federal statute—the Local Government Antitrust Act of 1984—provides antitrust immunity from private damages actions against “local government[s],” a term the statute defines as “(A) a city, county, parish, town, township, village, or any other general function governmental unit established by State law,” or “(B) a school district, sanitary district, or any other special function governmental unit established by State law in one or more States.” 15 U.S.C. §34(1). The question presented is: Can a multibillion-dollar “hospital authority” that operates in multiple States in a manner indistinguishable from private hospitals be a “local government” for purposes of the Local Government Antitrust Act of 1984?

Counsel of record

For petitioner
Eric F. Citron
Goldstein & Russell, P.C.

For respondent
James P. Cooney III
Womble Bond Dickinson (US) LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 06 2021
    Motion for leave to file amici brief filed by Antitrust and Health Policy Scholars, et al. GRANTED.
  2. Dec 06 2021
    Petition DENIED.
  3. Nov 16 2021
    DISTRIBUTED for Conference of 12/3/2021.
  4. Nov 15 2021
    Reply of petitioner Raymond Benitez filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  5. Oct 29 2021
    Brief of respondent the Charlotte Mecklenburg Hospital Authority d/b/a Carolinas HealthCare System d/b/a Atrium Health in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  6. Sep 30 2021
    Response Requested. (Due November 1, 2021)
  7. Sep 29 2021
    DISTRIBUTED for Conference of 10/15/2021.
  8. Sep 24 2021
    Motion for leave to file amici brief filed by Antitrust and Health Policy Scholars, et al.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Sep 23 2021
    Waiver of right of respondent The Charlotte Mecklenburg Hospital Authority d/b/a Carolinas HealthCare System d/b/a Atrium Health to respond filed.
    Main Document
  10. Aug 20 2021
    Petition for a writ of certiorari filed. (Response due September 24, 2021)
    PetitionAppendixCertificate of Word CountProof of Service