case 3 - consumer fraud provisions REASONING It noted that...

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Daniel Dunbar JLS 133 Case Brief Karlin v. America, INC Court of Appeals of New York, 1999 93 N.Y.2d 282, 690 N.Y.S.2d 495, 712 N.E.2d 662 FACTS Plaintiffs Jayne and Kenneth R. Karlin sought evaluation and treatment from defendants’ IVF program. The IVF procedure involves removal of multiple eggs from a woman’s ovaries. Over two and half years Mrs. Karlin completed seven IVF cycles at defendants clinic and did not become pregnant. ISSUE Whether general fraud statutes apply to medical services. DECISION The Court of Appeals did restore their causes of action based on general
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Unformatted text preview: consumer fraud provisions. REASONING It noted that the consumer fraud statutes relied on by the plaintiffs, General Business Law 349 and 350 had historically been used to combat fraud in the medical context and rejected defendants' argument that plaintiffs' claims must be governed exclusively by New York's informed consent statute, Public Health Law 2805-d. The Court viewed the plaintiffs' deceptive acts and false advertising claims as quite different from malpractice claims for lack of informed consent....
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