Latest Case This Week: Western Star Hospital Authority, Inc. v. City of Richmond (4th Cir.)

Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Western Star Hospital Authority, Inc. v. City of Richmond

Court: US Court of Appeals for the Fourth Circuit

Docket: 19-1977

Opinion Date: January 19, 2021

Judge: Diana Jane Gribbon Motz

Areas of Law: Antitrust & Trade Regulation, Constitutional Law, Government & Administrative Law

After VA Medical Center selected Metro Health's bid on the condition that Metro Health could obtain a permit from the City to operate emergency medical services (EMS) vehicles, the City refused to grant Metro Health a permit. Metro Health then filed suit against the City and RAA, alleging violations of the Sherman Antitrust Act and the Supremacy Clause of the United States Constitution. The Fourth Circuit affirmed the district court's dismissal of the case with prejudice, agreeing with the district court that defendants were entitled to immunity from federal antitrust liability where they acted pursuant to a clearly articulated state policy. Furthermore, federal law does not preempt their actions. The court rejected Metro Health's contention that by thwarting the VA Medical Center's competitive bidding process, the City and RAA have violated the Supremacy Clause. The court explained that, where, as here, a federal agency, of its own volition, imposes a contract condition consistent with federal law, the Supremacy Clause is not implicated.