⚖ Oral Arguments, with Context

Independent neurosurgeons in southwestern Idaho challenge St. Luke's rules for covering patient emergencies. They belong to Neuroscience Associates and compete with hospital-employed and contracted surgeons. In 2018, St. Luke's stopped paying independent doctors for on-call coverage. A 2022 policy required their group to provide continuous coverage for any patient they had treated within the last two years. The doctors say this leaves Dr. Hajjar with an untenable burden and discourages independent competition. Medical staff privileges mean permission to treat patients at the hospital; keeping those privileges is linked to meeting the call requirements. The district court dismissed the antitrust claims, reasoning that a competitor need not subsidize a rival and that the complaint did not show the required harm to competition. Under Rule twelve b six, judges test whether the alleged facts state a plausible legal claim, rather than resolve a trial's factual disputes. Counsel for the doctors will ask the Ninth Circuit to revive their suit, arguing the policy unlawfully restricts competition rather than merely withholding payment. You will hear locum tenens: a temporary substitute doctor.

Hajjar, et al. v. St. Luke's Health System, Ltd., et al. (No. 25-6120) — U.S. Court of Appeals for the Ninth Circuit, argued October 15, 2026.