Dentist's office. Photo: Diego M. Radzinschi/ALM Lengthy Litigation Over 'Perfect Smile' Continues: Patient Allowed to Proceed with 'Wrongful Use of Civil Proceedings' Claims Against Dentists
"Leighton contends that, by filing a defamation lawsuit, the Dentists implicitly agreed to cooperate in discovery, and, therefore, their subsequent refusal to do so was an abuse of that process," Justice Catherine R. Connors wrote on behalf of the unanimous SJC. "The Dentists' failure to act, to their own detriment, however, is insufficient to sustain the cause of action because they did not invoke the authority of the court or cause process to issue. The Dentists' refusal to properly respond to Leighton's discovery requests—although sanctionable—is not actionable."
February 17, 2023 at 02:48 PM
5 minute read
Dreams of a "getting the perfect smile" may have led to nightmare reality with years of litigation and court proceedings for one woman who participated in a NBC's Today Show segment nearly 20 years ago.
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