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Defamation Case: Kamelgard v Macura

Plaintiff, a surgeon in New Jersey, previously testified against defendant in a malpractice suit in New York. In retaliation, defendant sent defamatory letters about plaintiff to medical organizations in Chicago and Florida. Plaintiff filed suit in federal court in Chicago. The court held that New York law applies, not the law of the place of the wrong (lex loci delicti). The court will use the most significant relationship test instead, determining that New York has the most significant relationship because that is where the plaintiff works and lives, and where the principal injury from defamation would occur through impacts to his personal and business relationships.

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Kelvin Zabat
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409 views1 page

Defamation Case: Kamelgard v Macura

Plaintiff, a surgeon in New Jersey, previously testified against defendant in a malpractice suit in New York. In retaliation, defendant sent defamatory letters about plaintiff to medical organizations in Chicago and Florida. Plaintiff filed suit in federal court in Chicago. The court held that New York law applies, not the law of the place of the wrong (lex loci delicti). The court will use the most significant relationship test instead, determining that New York has the most significant relationship because that is where the plaintiff works and lives, and where the principal injury from defamation would occur through impacts to his personal and business relationships.

Uploaded by

Kelvin Zabat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Kamelgard v Macura

FACTS: Plaintiff is a Bariatric Surgeon practicing in New Jersey, who previously


testified against the defendant in a Malpractice suit in New York. The latter
retaliated by sending defamatory letters to American College of Surgeon in
Chicago and American Society Of Bariatric Surgeon in Florida. Plaintiff files a suit
in Federal court of Chicago.

ISSUE: Whether New York or New Jersey law applies?

HELD: New York law applies. Lex Loci delicti will not apply but rather the court will
use the most significant relationship rule.

It is where the principal injury from defamation will occur because it is where the
victim works and lives and where most of the people-family, friends, business
associates, etc.- are found with whom he has personal or commercial transaction
which might impaired by defamation.

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