Dive Brief:
- Dr. Richard Fox has filed a lawsuit claiming he lost an antitrust appeal against HCA Holdings because Judge Jay Bybee was improperly assigned to the case.
- In his lawsuit, Dr. Fox claims that Judge Bybee should not have been assigned to the case because he received more than $3.5 million in free legal assistance from attorneys who represented HCA.
- Dr. Fox asked the judge to recuse himself from the case; his request was initially denied.
Dive Insight:
Although Judge Bybee did eventually recuse himself from the case, it was not reheard before a new panel of judges. According to Becker's Hospital Review, Dr. Fox has "asked the court to vacate the decision in the antitrust case because HCA 'perpetrated a fraud upon the court.'" Dr. Fox is also claiming that "HCA exerted improper influence, by as yet undetermined means" to get Judge Bybee assigned to his case.