Arizona Business Litigation Blog: Doctor Defamation Lawsuit Before Minnesota Supreme Court

OCTOBER 28, 2012

“Bad Online Review Of Doctor Leads To Defamation Lawsuit Before Minnesota Supreme Court”

Arizona Business Litigation Blog: Commentary On Business Litigation In Arizona And Beyond

Nowadays, there are many online rating sites – such as Angie’s List and Yelp – that allow people to rate the service that they received from skilled professionals. For many consumers searching for professional services, such reviews can be instrumental in choosing one professional over another. Negative reviews on these sites are hardly uncommon and rarely provoke a response from the reviewed professional.

Recently, however, a Minnesota neurologist took an unusually aggressive step to deal with a negative online review. Dr. David McKee took offense to an online review where a patient’s son, Dennis Laurion, made several critical remarks about the doctor – including calling reporting that a nurse allegedly called the doctor “a real tool.” In response, McKee sued the son for defamation. The Associated Press reports that the lawsuit has now made its way to the Minnesota Supreme Court, which will consider whether the lawsuit should advance to trial.

Image-Minnesota-Supreme-Court

 

 

 

 

 

At issue in the litigation are six statements made by Laurion – especially the comment involving the nurse. McKee has argued that the anonymous nurse does not exist and that Laurion invented her to give cover for his false and malicious comments. Laurion claims that the nurse if real, but cannot apparently recall her name. Overall, McKee maintains that Laurion’s comments were knowingly false and that they damaged McKee’s professional reputation.

In contrast, Laurion asserts that his comments were legally protected opinion regarding how McKee treated Laurion’s father, who had suffered a stroke.

According to the Associated Press, the review said McKee seemed upset that after Laurion’s father had been moved from intensive care to a regular hospital room, the doctor “had to spend time finding out if you transferred or died.”

Laurion also complained that McKee treated them brusquely and was insensitive to the family’s concerns about the patient being seen in public in a gown that gaped open in the back.”

Arizona Business Litigation Blog

Reference

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

 

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