Antoinette Burns v. Matthew Levy

873 F.3d 289, 2017 WL 4557243, 2017 U.S. App. LEXIS 19969
CourtCourt of Appeals for the D.C. Circuit
DecidedOctober 13, 2017
Docket16-7103
StatusPublished
Cited by4 cases

This text of 873 F.3d 289 (Antoinette Burns v. Matthew Levy) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Antoinette Burns v. Matthew Levy, 873 F.3d 289, 2017 WL 4557243, 2017 U.S. App. LEXIS 19969 (D.C. Cir. 2017).

Opinion

WILLIAMS, Senior Circuit Judge:

Memo to graduate students: When multiple institutions are involved in a research fellowship, be sure that every one on which you are relying is literally.on the .same page of an agreement..

Lieutenant Colonel Antoinette Burns (Major Burns, at the time) had a falling out with Dr. Matthew Levy and others who were overseeing her postgraduate clinical research fellowship at Georgetown University Medical Center (“the University”) and MedStar Georgetown University Hospital (“the Hospital”). Burns believed that she had patched things up and that all parties had agreed to her voluntary withdrawal. When the Hospital reported to Burns’s employer, the U.S. Air Force, that she had been terminated for cause, she brought this diversity action for breach of contract, defamation, and tortious interferí ence with a prospective economic advantage.

The district court granted summary judgment in the defendants’ favor on all counts. On the contract counts, it ruled that the University did not breach its agreements with Burns, and that because the Hospital was not a party to any agreement between Burns and the University, it was not bound to observe the notice and other procedures afforded by Burns’s agreement with the University. Burns v. Georgetown Univ. Med. Ctr., Civil No. 13-898, 2016 WL 4275585, at *8-12 (D.D.C. Aug. 12, 2016). On the defamation counts, the district court ruled that the common interest privilege shielded Levy and the Hospital from liability for their report to the Air Force of their critical assessment and dismissal of Burns. Id. at *14-15. The district court discarded Burns’s intentional interference claim as too speculative. Id. at *16.

Because there is a genuine factual dispute as to whether Levy and the Hospital gave Burns’s employer false information, the district court incorrectly granted summary judgment on the defamation claims. We therefore reverse and remand on those claims. We affirm the district court’s grant of summary judgment on the other claims, for the reásons the district court identified except as noted.

⅜* * ⅜

Four agreements form the basis of Burn§’s suit. The Air Force and the University signed a Medical Residency/Fellowship Agreement on June 8 and 9, 2011 (the “AF-University Agreement”), providing that Burns would .continue to be employed by the Air Force during her fellowship and would draw no salary from the University, but that the University would make arrangements to cover Burns’s medical malpractice insurance. The agreement gave either party the right to terminate on thirty days’ notice.

Burns and the University signed a Research Fellowship Agreement in late August 2011 (the “Burns-University Agreement”), an agreement that lies at the heart of Burns’s case. It required Burns to meet research and educational requirements for the University and render clinical, services through the Hospital. In return the University promised to provide research training and a suitable environment for educational research. The agreement allowed the University to terminate Burns for cause, subject (unless she was intentionally or grossly delinquent in her conduct) to notice and a right to appeal under the University’s grievance procedure.

The University and the Hospital signed their own Letter of Agreement on August 10 and 11, 2011 (the “University-Hospital Agreement”). The agreement stated that as a fellow, Burns would provide clinical services and instruction to students through the Hospital. The Hospital in turn gained the right to control Burns’s manner and method of performance, subject to the understanding that Burns was an employee of the Air Force, not of the Hospital or the University. The agreement gave either party the right to terminate on thirty days’ notice and provided for instant termination if, in relevant part, the relationship between Burns and the University terminated for any reason.

Finally, Burns and the Hospital signed a Professional Services Agreement on August 1, 2011 (the “Burns-Hospital Agreement”). In consideration of the Hospital’s signing the University-Hospital Agreement, Burns promised to provide patient care as reasonably requested by the Hospital, to abide by ethical and professional guidelines, and to keep her paperwork current. Burns also agreed to abide by the University-Hospital Agreement (to which she was not a signatory). The agreement had nothing to say about possible termination.

To sum up, the University and the Hospital had an agreement with each other (and the University had one with the Air Force), and Burns had separate agreements with each of the two Georgetown institutions.

Burns began her fellowship in August 2011. By April 2012 her relationship with Levy, her supervisor at the Hospital, had broken down. Burns claims that Hospital personnel disrespected her and over-assigned her clinical duties, thwarting the research-intensive purposes of the fellowship. Hospital personnel lay the blame on Burns’s refusal to take leadership initiative at the clinic and her occasional unexcused absences. Whatever the causes of the discord, Levy and Jamie Padmore, the vice president of academic affairs at the Hospital, phoned Burns’s Air Force supervisor on April 2, 2012, to say that Burns’s fellowship was being terminated. The summary judgment record is unclear whether that conversation referenced the University or the Hospital as the entity deciding to terminate Burns. At a meeting with Burns on April 3, Levy and David Nelson, chair of the University’s pediatrics department, handed Burns a letter, on University letterhead, dismissing her from the fellowship for gross delinquency, citing the Burns-University Agreement’s provision for immediate termination in such a case. All three individuals involved in these relations with Burns—Levy, Nelson, and Pad-more—had appointments at both the University and the Hospital.

In early December 2012, however, Burns and Nelson negotiated an agreement for Burns’s voluntary withdrawal from the fellowship rather than involuntary termination. (One aspect of the fellowship, namely, coursework towards earning a master’s degree in public health at George Washington University, continued independently of the Georgetown relationship.) Burns sent Nelson a letter, backdated to April .3, the date of the original termination meeting, requesting release from the fellowship. In a letter dated December 11, 2012, on University letterhead, Nelson “confirm[ed]” that on April 3 Burns had requested release from her fellowship agreement, that her request was granted, and that therefore the Burns-University Agreement terminated effective on the date of that request—said by the letter to have occurred qn April 3. Joint Appendix (“J.A.”) 173.

On December 12, 2012, the Air Force requested a final “summative assessment” of Burns’s performance, a routine request following the end of an employee’s external fellowship. Padmore wrote to the Air Force (on Hospital letterhead) that Burns had been dismissed from the Hospital on April 3 and that “[f]ollowing her dismissal from the Pediatrics Fellowship at the Hospital, Dr. Burns voluntarily resigned from her Research Fellowship Agreement with [the University].” J.A. 443.

In February 2013, Levy sent his final summative assessment to the Air Force as requested. The assessment reported that “Dr.

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Related

Burns v. Levy
373 F. Supp. 3d 149 (D.C. Circuit, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
873 F.3d 289, 2017 WL 4557243, 2017 U.S. App. LEXIS 19969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/antoinette-burns-v-matthew-levy-cadc-2017.