Brouse Noted in Law360 for Securing Federal Appeals Victory for Mercy Health-St. Vincent's Medical Center in Toledo, Ohio

After five total years of litigation, the Sixth Circuit Court of Appeals affirmed the District Court’s summary judgment decision in favor of Mercy Health-St. Vincent Medical Center of Toledo in primarily a reverse discrimination and retaliation suit.

The case was brought by a former highly-paid heart surgeon who initially demanded $30 million for what he alleged was reverse racial and national origin discrimination. The surgeon claimed that two supervisors of Pakistani origin held a bias against him for being white and American-born, and thus they diverted patient referrals from him. The District Court initially ruled that Mercy cannot be held liable for employment discrimination based on referral decisions by independent, third-party cardiologists. The Sixth Circuit panel backed up the District Court’s decision noting that Dr. Holland’s “claim fails for lack of evidence supporting his claim of pretext.”

Tom Wiencek, Associate General Counsel at Bon Secours Mercy Health and of counsel at Brouse, told Law360 that this was “an excellent decision affirming the comprehensive analysis of a scholarly, no-nonsense district judge who saw through [the plaintiff]’s sophistry and dismissed his reverse discrimination claim.” Brouse Partner David Sporar also assisted in the representation of Mercy.

To read the full article in Law360’s Employment Authority, click here (subscription required).