Kanaga v. Gannett Company

Dr. Margo Kanaga (plaintiff) sued author Jane Harriman and Gannett Company (defendants), alleging that she was defamed by an article authored by Harriman and printed in a Gannett-owned newspaper. The article reported that Kanaga had recommended that a former patient undergo a hysterectomy that another physician later determined was unnecessary. Kanaga claimed that the article’s criticism of her skill and ethics severely damaged her reputation and medical practice. Law firm Richards, Layton and Finger (RL&F) answered on behalf of Harriman and Gannett. Kanaga moved to disqualify RL&F because John Parkins, an RL&F partner, had represented Kanaga in a prior action alleging medical malpractice in the performance of a hysterectomy. The jury had found for Kanaga, and the supreme court had held that a verdict for Kanaga should have been directed because no expert testimony had been presented. Kanaga maintained that she had disclosed to Parkins confidences about her medical practices and procedures, her professional skill, and her standing and reputation in the medical community that were critical to her defense in the defamation suit. Parkins submitted an affidavit stating that he did not recall discussing with Kanaga her standing and reputation. Gannett and Harriman argued that Kanaga’s professional abilities and standing and reputation in the medical community were not confidential information, and a discussion with Parkins about Kanaga’s standing and reputation would be unlikely because it would be immaterial to a medical-malpractice action.