SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Treister v. American Academy of Orthopaedic Surgeons
Citation:
78 Ill. App. 3d 746 (1979)Facts
Dr. Michael R. Treister is a licensed orthopaedic surgeon in Illinois who has been certified by the American Board of Orthopaedic Surgery. He is a member of numerous professional associations, holds several teaching positions, has authored numerous medical papers, and serves on the attending staff of seven Chicago hospitals. In November 1974, Dr. Treister applied for membership in the American Academy of Orthopaedic Surgeons, a not-for-profit corporation that admits board-certified orthopaedic surgeons based on published standards and bylaws. The academy distributed a list of applicants to physicians throughout the United States requesting information about applicants’ reputations and qualifications. In 1976, Dr. Treister was interviewed by Dr. Louis Kolb, who informed him of adverse information in his file that would likely result in rejection. Dr. Kolb refused to provide sufficient detail about the charges, denied Dr. Treister access to his file, refused to identify his accusers, and would not cite authority for these denials. Dr. Treister attempted to rebut the charges by letter and requested appeal rights and representation by counsel. In October 1976, the academy notified Dr. Treister that his application was rejected, the matter was closed, and he could not reapply for three years. Dr. Treister alleged that the academy violated its own bylaws by failing to conduct a proper committee interview, failing to provide a fair opportunity to present his case, and violating American Medical Association principles requiring specific charges, adequate notice, opportunity to be present and hear evidence, and opportunity to present a defense.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.