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152855P.pdf   02/13/2017  Elliot Kaplan  v.  Mayo Clinic
   U.S. Court of Appeals Case No:  15-2855
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Loken and Colloton, Circuit Judges] 
   Civil case - Breach of Contract. For the court's prior opinion in the 
   matter, see Kaplan v. Mayo Clinic, 653 F.3d 720 (8th Cir. 2011). The 
   district court did not err in ruling for defendants on plaintiff's 
   breach-of-contract claim based on its conclusion that the operating 
   surgeon did not promise to do a biopsy of plaintiff's pancreas during the 
   surgery; this court's holding in the prior appeal did not preclude the 
   district court, as fact finder, from determining no contract had even been 
   formed; nor did the court's decision preclude defendants from submitting 
   expert testimony to establish a defense to the claim of a special contract 
   in the performance of the operation.