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Defense Appeal in LASIK Surgery Malpractice Case Rejected, Plus Native American's Title VII Suit

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By FindLaw Staff on May 26, 2010 4:24 PM

Wallace v. McGlothan, No. 07-4059, concerned a plaintiffs' medical malpractice suit against a doctor for permanent injury to plaintiff's eye as a result of negligently performed LASIK surgery.  In affirming the district court's denial of defendant's motions for judgment as a matter of law, the court held that the evidence was sufficient to show that the doctor's negligence was the proximate cause of the plaintiffs' injuries and the doctor has not shown any perjury or discovery violations by the plaintiffs that would warrant reversal.  

Leonard v. E. Illinois Univ., No. 09-2443, concerned a Title VII suit against a University brought by a Native American employee claiming that a promotion denial was motivated by anti-Native American bias.  In affirming the district court's grant of summary judgment in favor of the University, the court held that the plaintiff lacks evidence that the University officials refused to promote him in retaliation for his civil rights complaint concerning University athletic shirts depicting an Indian Chief, or for any reason other than his relatively poor performance. 

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