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POLINER v. TEXAS HEALTH SYSTEMS

No. 06-11235.

537 F.3d 368 (2008)

Lawrence R. POLINER, M.D.; Lawrence R. Poliner, M.D., P.A., Plaintiffs-Appellees, v. TEXAS HEALTH SYSTEMS, a Texas Non-Profit Corporation, doing business as Presbyterian Hospital of Dallas; James Knochel, M.D., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 23, 2008.

Attorney(s) appearing for the Case

Jeffrey Scott Levinger (argued), Hankinson Levinger, LLP, Michael A. Logan, Karin M. Zaner, Kane, Russell, Coleman & Logan, Dallas, TX, for Plaintiffs-Appellees.

Thomas S. Leatherbury (argued), Vinson & Elkins, Lea F. Courington, Curran Tomko Tarski, Dallas, TX, for Defendants-Appellants.

Luther T. Munford, Phelps Dunbar, Jackson, MS, Andrew Layton Schlafly, Far Hills, NJ, for Amici Curiae.

Before KING, HIGGINBOTHAM and SOUTHWICK, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal brings to us a judgment awarding some $33 million, including prejudgment interest, against a major hospital and leading physician for alleged defamations. As we will explain, this extraordinary judgment rests on limited restrictions of Dr. Lawrence Poliner's privileges at Presbyterian Hospital over a period of fewer than twenty-nine days to investigate concerns involving his handling of several patients. This peer...

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