MEDICAL MUTUAL INS. CO. OF NORTH CAROLINA v. GNIK

No. 22-1994.

93 F.4th 192 (2024)

MEDICAL MUTUAL INSURANCE COMPANY OF NORTH CAROLINA, Plaintiff-Appellee, v. Cathy GNIK, Individually and as Mother and Next Friend of N.A., a Minor and N.L. a Minor; Courtney Andrew-Knight; Tristen Andrew-Major; Kathleen Bell, Individually, and as Mother and Next Friend of A.B., a Minor; Nikki Burgess, Individually, and as Parent and Next Friend of M.B., a Minor; Daniel Burgess, Individually, and as Parent and Next Friend of M.B., a Minor; Brianna Cannavo, Individually, and as Mother and Next Friend of S.C., a Minor; Kimberly Correa, Individually and as Parent and Next Friend of A.C., a Minor; Pedro Correa, Individually and as Parent and Next Friend of A.C., a Minor; Meagan Crawford, Individually and as Parent and Next Friend of E.C., a Minor; Carter Crawford, Individually and as Parent and Next Friend of E.C., a Minor; Sierra Davis; Valli Davis; James Davis; Kasha Haywood, Individually and as Parent and Next Friend of Z.H., a Minor; Jesse Haywood, Individually and as Parent and Next Friend of Z.H., a Minor; Ralph Johnson, Jr., Individually and as Parent and Next Friend of J.J., a Minor; Catherine Middlekauff; Camden Middlekauff; Lesli Cockrell-Nalls, Individually and as Parent and Next Friend of L.N., a Minor, and as Parents of Karah Nalls and Karah Nalls, Individually; Billy Nalls, Individually and as Parent and Next Friend of L.N., a Minor, and as Parents of Karah Nalls and Karah Nalls, Individually; Kimberley Overton, Individually and as Parent and Next Friend of L.O., a Minor; Mark Ausley, Individually and as Parent and Next Friend of L.O., a Minor; Maria Pavlak, Individually, as Parent and Legal Guardian of Rita Pavlak, and as personal representative of Richard Pavlak; Rita Pavlak; Jeffrey Roosa; Alveena Spencer; John Viarella; Ava Waggoner; Daphney Waggoner; William Waggoner; Lisa Williams, Individually and as Parent and Next Friend of J.W., a Minor, and N.W., a Minor; Mario Williams, Individually and as Parent and Next Friend of J.W., a Minor, and N.W., a Minor; Ryland Lovitt; Diann Carreker; Christinne Govereau, as Administratrix of the Estate of Austin Rodriguez, Deceased, Defendants-Appellants, and Joni J. Johnson, M.D.; Pediatric Partners for Attention and Learning, Inc.; Vernon Green, Jr.; G Cubed Ministries, d/b/a GCubed Community Services, a/k/a G3 Community Services; Jennifer Gause; Kamau Gause; C.D., a Minor by Next Friend and through his Mother, Jennifer Gause; L.G., a Minor by Next Friend and through her Father, Kamau Gause; I.G., a Minor by Next Friend and through her Mother, Jennifer Gause; A.D., a Minor by Next Friend and through her Mother, Jennifer Gause, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2024.


Attorney(s) appearing for the Case

ARGUED: Patrick A. Thronson , JANET, JANET & SUGGS, LLC, Baltimore, Maryland, for Appellants. Danny Mark Howell , LAW OFFICES OF DANNY M. HOWELL, PLLC, Vienna, Virginia, for Appellee. ON BRIEF: Stephen C. Rigg , Baltimore, Maryland, Matthew M. White , JANET, JANET & SUGGS, LLC, Columbia, South Carolina, for Appellants. Jennifer L. Rowlett , Davina A. Anderson , LAW OFFICES OF DANNY M. HOWELL, PLLC, McLean, Virginia, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge Richardson and Judge Benjamin joined.


Former patients of Pediatric Partners for Attention and Learning, Inc., sued the clinic and its founder, Dr. Joni Johnson, in state court after learning that the clinic's in-house psychologist Sharonda Avery, who treated them, was actually not a psychologist at all.1 Pediatric Partners and...

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