352 F. Supp. 2d 847 - Constant v. Wyeth’s Empirical Analysis

Citation profile

1 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That is not to say physicians are immune entirely from claims under the TCPA. Rather, they are only immune when the plaintiffs allegations concern the actual provision of medical services. As one state court has explained: We agree that “[i]t would be a dangerous form of elitism, indeed, to dole out exemptions to our [consumer protection] laws merely on the basis of the educational level needed to practice a given profession, or for that matter, the impact which the profession has on society’s health and welfare.” Short [v. Demopolis], supra [ 103 Wash.2d 52 ,] at 58, 691 P.2d 163 , citing United States v. Nat'l Society of Professional Engineers, 389 F.Supp. 1193, 1198 (D.D.C., 1974), vacated and remanded 422 U.S. 1031 , 95 S.Ct. 2646 , 45 L.Ed.2d 686 (1975) (for reconsideration in light of Goldfarb, supra ). Also, because the MCPA [Michigan Consumer Protection Act] broadly defines “trade or commerce,” in part, as the “conduct of a business,” and the practice of medicine clearly has a business aspect, a blanket exemption for the learned professions would be improper. However, we are also of the opinion that it would be improper to view the practice of medicine as interchangeable with other commercial endeavors and apply to it concepts that originated in other areas. Goldfarb, supra. Therefore, a blanket inclusion in the MCPA for physicians would also be improper. Consequently, we align ourselves with the line of cases set forth in this opinion and bold (sic) that only allegat”

   1 later decision quote this exact passage · from the majority
   e.g. Proctor v. Chattanooga Orthopaedic Group, P.C.