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The Amended Claims: Crumley And Dr. Stout

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In the present case, the relationship purportedly forming the basis for the constructive fraud claim was formed in a professional setting and is much more akin to the relationship in Crumley and Cobb, rather than Terry, Link, or Vail. The Amended Claims allege the Hospital CEO “and Dr. Stout had a relationship of trust and confidence, due to [the Hospital CEO’s] role as CEO and hospital administrator with responsibilities to physicians and their patients.” In such situations, the Courts are reluctant to find the existence of a fiduciary duty or relationship necessary to support a constructive fraud cause of action, and should not be found to exist here. The Amended Claims do not set any forth facts or inferences that portray a situation

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