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KNEPPER v. BROWN

(CC 9903-02495; CA A128550; SC S055155).

195 P.3d 383 (2008)

345 Or. 320

M.M. KNEPPER and J.J. Knepper, Respondents on Review, v. Timothy BROWN, M.D.; Timothy Brown, M.D. P.C.; American Academy of Cosmetic Surgery; and American Society of Lipo-Suction Surgery, Inc., Defendants, and Dex Media, Inc., fka U.S. West Dex, Inc., Petitioner on Review.

Supreme Court of Oregon.

Decided October 9, 2008.

Attorney(s) appearing for the Case

Michael H. Simon, of Perkins Coie LLP, Portland, argued the cause and filed the brief for petitioner on review.

Kathryn H. Clarke, Portland, argued the cause and filed the brief for respondents on review. With her on the brief was Gregory A. Smith, Salem.

H. Scott Althouse, Washington, D.C., filed the brief for amicus curiae Yellow Pages Association.

Before, DE MUNIZ, Chief Justice., and GILLETTE, DURHAM, BALMER, WALTERS, and LINDER, Justices.

GILLETTE, J.

In this common-law fraud action, plaintiffs obtained a $1.5 million jury verdict against Dex Media, Inc. (Dex), based on Dex's involvement in creating and publishing a Yellow Pages advertisement that misrepresented a doctor's qualifications. On appeal, Dex argued that plaintiffs presented no evidence that the misrepresentation caused the injuries that plaintiffs claimed (pain and physical deformities resulting from a botched liposuction procedure) and...

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