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Day on Torts

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Consumer Protection Act Applies Against Doctors

The Kansas Supreme Court has stated that a patient injured as a result of alleged medical negligence can file suit under the state’s consumer protection act. The patient , Williamson, alleged that the defendant doctor "represented that the surgery he was recommending had a high likelihood of successfully relieving her…

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Plastic Surgeon Loses Defamation Case Against Patient

A patient unhappy with the results of her plastic surgery created a website about her experiences.  Her surgeon sued her for defamation, infliction of emotional distress, etc.  The patient moved to dismiss, lost, and appealed the case to the California Court of Appeals (Third Appellate District). This is how the Court describes…

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Another Blue Chip Tort Case

Intentional Interference With Contractual Relations The Case: Trau-Med of America, Inc. v. Allstate Ins. Co., 71 S.W.3d 691 (Tenn. 2002). Author: Justice William M. Barker Why it is a Blue Chipper: Trua-Med is the first Tennessee case to recognize a common law cause of action for intentional interference with contractual…

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Litigation Privilege Bars Claim Against Lawyers

The Hawaii Supreme Court has ruled that two law firms who represented a party in a business dispute cannot be sued by the adversary party for intentional interference with contractual relations. Plaintiff had a dispute with a business partner – the two were general partners of a partnership that ran…

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More Evidence of the Big Lie

Professional and hospital liability insurers have convinced their customers that malpractice premiums will go down if meritorious malpractice claims are capped by the state legislature. But look what happened in Florida.  According to Tallahassee.com, "the Legislature three years ago capped pain and suffering awards to $500,000 per physician and $1…

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