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Hancock v. Variyam

In a letter sent to colleagues and others, a physician accused a fellow physician of lacking veracity and speaking in half truths, resulting in an award of $90,000 in actual damages for mental anguish and loss of reputation and $85,000 in exemplary damages. Because the statements did not ascribe the lack of a necessary skill that is peculiar or unique to the profession of being a physician, the statements did not defame the physician per se. There is no evidence of actual damages, and the physician cannot recover exemplary damages. The court of appeals' judgment is reversed and rendered that the physician take nothing. Texas Supreme Court, No. 11-0772, 05-17-2013.

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Argued December 5, 2012

JUSTICE GUZMAN delivered the opinion of the Court.

 
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