Elgabri v. Lekas

964 F.2d 1255 (1st Cir. 1992)

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Nature of the Case

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Facts

P is an otolaryngologist practicing in Rhode Island. In 1984, after concluding his residency, P opened his own practice in Rhode Island. He submitted applications for privileges at various hospitals throughout the state. P received privileges at Notre Dame Hospital, Cranston Hospital, Kent County Memorial Hospital, and Memorial Hospital. Despite numerous attempts over the course of several years, P failed to receive privileges at Miriam Hospital, Roger Williams Hospital, Rhode Island Hospital, and St. Joseph Hospital. P sued Ds alleging violations of §1 of the Sherman Act by agreeing not to deal with him and encouraging others not to deal with him. During trial, as part of his case-in-chief, P called Dr. Lekas (D). After some examination of the witness, the court informed P during a recess that 'it's unfair sometimes for a Plaintiff to prove his case through the mouth of the Defendant.' P then continued his examination of Dr. Lekas (D). After that day's testimony, the court decided to limit P's examination of Ds in his case-in-chief to subject matter that could not be obtained in any other fashion. The court stated, P could prove the essential nature of a defendant's testimony in a proffer prior to the examination of each defendant. Ds also promised that they would take the stand as part of their case-in-chief and the court indicated that P would have ample opportunity to cross-examine them at that time. The court further indicated that no limits would be placed on the scope of cross-examination. P made no further proffers and vigorously cross-examined the other Ds during their presentations. Ds got the verdict and P appealed, in part, on this issue.