Missouri Court of Appeals· 6/30/2008

Breeden v. Hueser

Citations

273 S.W.3d 1
2008 Mo. App. LEXIS 904
2008 WL 2572854

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).

Judges: Div, Holliger, Lowenstein, Newton

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Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

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