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BROWN v. GATTI

0002 01586; A115927.

99 P.3d 299 (2004)

195 Or. App. 695

Timothy M. BROWN, M.D., and Timothy M. Brown, M.D., P.C., an Oregon professional corporation, Appellants, v. Daniel J. GATTI; Gatti, Gatti, Maier, Krueger & Associates, an Oregon partnership; Gatti, Gatti, Maier, Krueger, Sayer & Associates, an Oregon partnership; Gatti & Gatti, P.C., an Oregon professional corporation, Respondents, and Marie Nolan and Jane Does 1-5, Defendants, and Oregon Publishing Company and David R. Anderson, Intervenors-respondents.

Court of Appeals of Oregon.

Decided October 13, 2004.

Attorney(s) appearing for the Case

Montgomery W. Cobb argued the cause for appellants and filed the briefs. With him on the briefs was Cobb & Bosse, LLP.

J. Marie Bischman argued the cause and filed the brief for respondents. With her on the brief were J. Philip Parks and Parks, Bauer, Sime & Winkler, LLP, Salem.

Charles Hinkle, Portland, argued the cause and filed the brief for intervenors. With him on the brief was Stoel Rives, LLP.

Before EDMONDS, Presiding Judge, and BREWER and SCHUMAN, Judges.

SCHUMAN, J.

Defendant, an attorney, represented a client in a medical malpractice action against plaintiff.1 Shortly after the trial, defendant was interviewed by a newspaper reporter and a television newscaster. Defendant's statements were subsequently published in the reporter's newspaper and broadcast on television. Plaintiff then brought this action alleging that defendant's statements were false and defamatory. As part of the discovery...

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