MARCUS v. SWANSON

No. 122,400.

539 P.3d 605 (2023)

Elysia A. MARCUS, Appellee, v. Eric SWANSON, M.D., Appellant, v. Elysia A. Marcus, Appellee.

Supreme Court of Kansas.

Opinion Filed December 8, 2023.


Attorney(s) appearing for the Case

Quentin M. Templeton , of Forbes Law Group, LLC, of Overland Park, argued the cause, and Frankie J. Forbes and Russell J. Keller , of the same firm, and William J. Skepnek , of The Skepnek Law Firm, P.A., of Lawrence, were with him on the briefs for appellant.

Matthew V. Bartle , of Bartle & Marcus LLC, of Kansas City, Missouri, argued the cause and was on the briefs for appellee.


This is a defamation claim by a cosmetic surgeon against a former patient. The patient, Elysia A. Marcus, posted negative and false Yelp reviews after Dr. Eric Swanson performed a laser resurfacing procedure on her face. Finding in Swanson's favor, a jury determined the reviews harmed Swanson's reputation. The district court set aside...

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