Marmureanu v. Laks



PEER REVIEW

Marmureanu v. Laks, No. B173813 (Cal. Ct. App. Feb. 25, 2005)

One physician
sued another physician, alleging the defendant physician misused the peer
review process to interfere with the plaintiff physician’s competitive
medical practice. The alleged misuse was that the physician made false statements
about the plaintiff physician’s qualifications, causing the medical center
to restrict his privileges. The defendant physician filed a motion to strike
the lawsuit under California’s anti-SLAPP statute, which grants immunity
to a person who participates in an "official" proceeding. The California
Court of Appeals held that the anti-SLAPP statute does not apply because the
peer review process is not an "official" proceeding under the statute.
In so holding, the court recognized a current split of authority on this issue
under California law.