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ADVANCED CARD. SPEC. v. TRI-CITY CARD. CON.

No. 1 CA-CV 08-0186.

214 P.3d 1024 (2009)

ADVANCED CARDIAC SPECIALISTS, CHARTERED, an Arizona professional corporation; Robert M. Siegel, M.D. and Barbara Barker-Siegel, M.D., husband and wife; and Ashok Garg, M.D. and Shipra Garg, M.D., husband and wife, Plaintiffs/Appellants, v. TRI-CITY CARDIOLOGY CONSULTANTS, P.C., an Arizona professional corporation; Andrew J. Kaplan, M.D., F.A.C.C. and Jane Doe Kaplan, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department D.

August 25, 2009.

Attorney(s) appearing for the Case

Law Office of Marc Kalish By Marc Kalish, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Amanda D. Crutchfield, Attorney at Law By Amanda D. Crutchfield, Apache Junction, Co-Counsel for Plaintiffs/Appellants.

Paul G. Ulrich, P.C. By Paul G. Ulrich, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, P.L.C. By William R. Jones, Jr., Eileen Dennis GilBride, Phoenix, Attorneys for Defendants/Appellees.

OPINION

SWANN, Judge.

¶ 1 The primary defendant in this action is a physician who reported plaintiffs' alleged medical malfeasance to the Arizona Medical Board ("AMB") pursuant to A.R.S. § 32-1451(A) (Supp.2008).1 Alleging that defendant's report was false, plaintiffs sued for defamation. Although we hold that A.R.S. § 32-1451(A) abrogates common law absolute immunity for such reports, we nonetheless conclude that...

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