092493P.pdf   09/02/2011  Elliot Kaplan  v.  Mayo Clinic
   U.S. Court of Appeals Case No:  09-2493
                          and No:  10-2290
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Arnold, Author, with Smith and Shepherd, Circuit Judges]
   Civil case - Medical malpractice. Any error in admitting plaintiff's
   medical file because it contained documents referencing insurance was
   harmless, and the court's refusal to give a limiting instruction was not
   grounds for reversal; challenge to admission of certain photos rejected;
   challenge to jury instruction rejected; a jury could reasonably find that if
   defendant Dr. Nagorney had performed a promised intraoperative biopsy
   it would have shown plaintiff did not have cancer; the evidence also
   supported a jury finding that Dr. Nagorney would not have performed
   surgery in the face of intraoperative biopsy showing no cancer; as a result,
   plaintiffs offered sufficient evidence in their case-in-chief to support a
   breach of contract claim, and the district court erred in granting a
   judgment as a matter of law on their claim for breach of contract.