- Joined
- Mar 7, 2003
- Messages
- 576
- Reaction score
- 7
From www.residentcase.com (be sure to read NRMP's statement that they would not care if the residents sued the individual hospitals, and how the hospitals said it was NRMP's problem):
February 26, 2004. The defendant association of teaching hospitals (AAMC) and residency accrediting body (ACGME) file answers to plaintiffs' complaint. Among other things, AAMC and ACGME deny in their answers that residents work long hours for low wages and contend in affirmative defenses that residents failed to act soon enough in protesting their working conditions ("laches"); that residents failed to take action to limit their own injury ("no mitigation"); that residents contribute their their own injury ("unclean hands"); and that residency is "education" rather than "employment" (a defense already rejected in the Court's February 11, 2004 order). NRMP files appeal of court ruling denying arbitration and certain defendants file appeal of ruling that all defendants are properly in court in the District of Columbia. Plaintiffs will contest these appeals.
February 12, 2004. U.S. District Court Judge Paul Friedman denies NRMP?s motion to compel arbitration; rejects ACGME?s argument that residency is education rather than employment; and rejects arguments by AAMC and various hospitals that the complaint fails to allege illegal conduct. Judge Friedman allows the case to move forward against 30 of the 36 original defendants. Six defendants are dismissed on jurisdictional grounds or for lack of detail in the Complaint as to their roles in the antitrust violation. Plaintiffs are considering whether to seek reinstatement of any dismissed defendants.
February 26, 2004. The defendant association of teaching hospitals (AAMC) and residency accrediting body (ACGME) file answers to plaintiffs' complaint. Among other things, AAMC and ACGME deny in their answers that residents work long hours for low wages and contend in affirmative defenses that residents failed to act soon enough in protesting their working conditions ("laches"); that residents failed to take action to limit their own injury ("no mitigation"); that residents contribute their their own injury ("unclean hands"); and that residency is "education" rather than "employment" (a defense already rejected in the Court's February 11, 2004 order). NRMP files appeal of court ruling denying arbitration and certain defendants file appeal of ruling that all defendants are properly in court in the District of Columbia. Plaintiffs will contest these appeals.
February 12, 2004. U.S. District Court Judge Paul Friedman denies NRMP?s motion to compel arbitration; rejects ACGME?s argument that residency is education rather than employment; and rejects arguments by AAMC and various hospitals that the complaint fails to allege illegal conduct. Judge Friedman allows the case to move forward against 30 of the 36 original defendants. Six defendants are dismissed on jurisdictional grounds or for lack of detail in the Complaint as to their roles in the antitrust violation. Plaintiffs are considering whether to seek reinstatement of any dismissed defendants.