Breeden v. Hueser

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that decedent’s claim under Missouri’s Merchandising Practices Act survived his death under Missouri’s survival statute because “the substance of the claim is the recovery of a monetary loss incurred due to a fraud perpetrated by” the defendant
• finding the statute of limitations for medical malpractice claims did not apply to MMPA and fraud claims against a physician for unauthorized and duplicative billing practices
• \[We] will not . . . affirm the grant of a motion to dismiss on grounds not stated in the motion.\
• patients brought action for violation of MMPA asserting fraud against physician who treated and billed patients for single-use chemotherapy vials that were used on multiple patients
• action for monetary loss due to payment for medical services that were not provided due to fraud constituted damage to monetary or economic interest in property and survived
• MMPA claim, fraud, and civil conspiracy claims brought against physician for not administering proper dosage, representing that proper dosage was administered, and billing patient for full dosage of chemotherapy drugs

Source: CourtListener parenthetical corpus (CC0).