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Carbaugh v. Asbestos Corporation: Decision in Utah Medical Expert Credentialing Opinion

Read the opinion and decision in the Carbaugh case, where a number of asbestos plaintiffs in Utah sought relief after finding that their medical expert, although a licensed and credentialed physician in other states, was not licensed to practice medicine in Utah.

This opinion is subject to revision before final publication in the Pacific Reporter.

IN THE SUPREME COURT OF THE STATE OF UTAH

John Carbaugh and Dixie Carbaugh, Plaintiffs and Appellants

v.

Asbestos Corporation Limited, et al., Defendants and Appellees

No. 20050822

F I L E D

August 24, 2007


Third District, Salt Lake
The Honorable Glenn K. Iwasaki
No. 010910746

Attorneys: Gilbert L. Purcell, Novato, CA, for plaintiffs
Patricia W. Christensen, Salt Lake City, for defendants

(Because there are many plaintiffs and defendants involved in these proceedings, there are also many attorneys. We are therefore listing only the counsel who presented at oral argument before this court.).

NEHRING, Justice:

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IN THIS SECTION
Introduction to Utah Carbaugh asbestos opinion
Utah opinion background in Carbaugh asbestos case
Standard for review in Utah Carbaugh asbestos case
District court erred Utah Carbaugh asbestos case
Professional licensing Utah Carbaugh asbestos case
Expert testimony in Utah Carbaugh asbestos case
Discussion of Utah Carbaugh asbestos case
Expert testimony in Utah Carbaugh asbestos case
Medical expert in Utah Carbaugh asbestos case
Court to interpret Utah Carbaugh asbestos witness
Licensing standards in Utah Carbaugh asbestos case
Utah District Court reversed in Carbaugh asbestos
Footnotes in Utah opinion of Carbaugh v. Asbestos


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see also:

Professional licensing Utah Carbaugh asbestos case Discussion of professional licensing in Utah Carbaugh asbestos case
Professional Licensing Act discussed in Utah Carbaugh asbestos case

Standard for review in Utah Carbaugh asbestos case Standard for the review of the facts in Utah Carbaugh asbestos case
Questions on the standard for review in Utah Carbaugh asbestos case?

Bill to Pass Senate Asbestos Bill to Pass Senate Judiciary Committee: Ted Kennedy Comments
Senate Asbestos Bill: Senator Kennedy's statements on the subject