222 Mich. App. 74 - Nelson v. Ho’s Empirical Analysis

Citation profile

3 federal appellate · 7 district · 22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[O]nly allegations of unfair, unconscionable, or deceptive methods, acts, or practices in the conduct of the entrepreneurial, commercial, or business aspect of a physician’s practice may be brought under the MCPA [Michigan Consumer Protection Act], Allegations that concern misconduct in the actual performance of medical services or the actual practice of medicine would be improper.”

   3 later decisions quote this exact passage · from the dissent
   e.g. Simmons v. Stephenson · 352 F. Supp. 2d 847 - Constant v. Wyeth

2. “the legislative enactments and well-developed body of law concerning medical practice could become obsolete. In other words, if the allegations as set forth in a CUTPA count assumes, as even part of its burden, proof of the doctor's incompetence as a doctor, a CUTPA claim will not lie. From that perspective, let us examine the third count which sets forth the CUTPA claim. The third count incorporates by reference paragraphs 1 through 7 of the first count. Paragraphs 1 through 3 simply set forth the plaintiffs residence, that he was a patient of the defendant and that the defendant is a licensed physician. But paragraph 4 lays out in detail CT Page 11099 various ways in which it is alleged the defendant "deviated from the appropriate standard of care.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Mazzella v. Barri, M.D., No. 554418 (Sep. 11, 2000) · Brookins Ex Rel. Gotcher v. Mote

3. “It would be improper to view the practice of medicine as interchangeable with other commercial endeavors. Allegations that concern misconduct in the actual performance of medical services or the actual practice of medicine would be improper.”

   1 later decision quote this exact passage · from the dissent
   e.g. 2000 Conn. Super. Ct. 3700 - McMahon v. Quinlivan, No. Cv98 035 80 97 S (Mar. 29, 2000)