Chudacoff v. Univ. Med. Ctr. of S. Nev. (Summary)

CLAIM PRECLUSION

Chudacoff v. Univ. Med. Ctr. of S. Nev., No. 2:09-cv-1679-RCJ-RJJ (D. Nev. May 11, 2011)

The U.S. District Court for the District of Nevada denied a physician’s motion for reconsideration of the court’s order which barred, through claim preclusion, the physician’s due process claims against a medical center and its CEO, the board of trustees, and the medical staff after they revoked his clinical privileges without affording him the opportunity to refute or challenge the allegations that were leveled against him.

The court determined that the physician failed to demonstrate clear error in its prior order, finding that both federal and Nevada law regarding claim preclusion were properly applied by the court and regardless of which was applied the outcome would be the same, since the events underlying the current lawsuit had all been in existence at the time of the physician’s final amended complaint in the prior lawsuit.