Federal judge rules in OMC’s favor on 3 of 5 claims made by local doctor

TACOMA — A federal judge has dismissed three of the five claims made by Dr. Robert Witham against the Olympic Medical Center.

U.S. District Court Judge Robert Bryan on Wednesday dismissed Witham’s allegations that OMC had violated the Sherman Antitrust Act and Washington Consumer Protection Act, saying he did not submit sufficient information in his argument in order to make the claim that he is due compensation.

Witham’s other two claims — that the hospital district engaged in “commercial disparagement” against him and interfered in “a contractual relationship and business expectations” — were not addressed by the judge.

Bryan also rejected Witham’s request for time to amend his complaint and to have the state Supreme Court clarify a law regarding whether a municipal corporation that acted outside its statutory authority is exempt from the state Consumer Protection Act.

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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

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