193272P.pdf   06/02/2021  Gregory Sherr  v.  HealthEast Care System
   U.S. Court of Appeals Case No:  19-3272
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Kelly, Author, with Benton and Shepherd, Circuit Judges] 
   Civil Case - Diversity. Surgeon brought defamation, tortious interference 
   with prospective economic advantage and tortious interference claims 
   against health care system and physicians involved in peer review 
   determinations. Surgeon appeals district court's grant of summary 
   judgment, concluding federal and state peer review immunity applied for 
   actions in peer review and statements made outside of peer review were not 
   actionable defamation. Alleged defamatory statements not included in the 
   amended complaint are not subject to defamation action. On appeal, surgeon 
   waives district court's rejection of one statement. As to two other 
   statements, Minnesota peer review immunity applies because the evidence 
   shows the peer reviewers abided by their own established procedures and 
   malice can only be inferred if the procedures were not followed. On 
   tortious interference with prospective economic advantage claim, surgeon 
   relies on inadmissible hearsay and decision to suspend is was not itself 
   tortious. The tortious interference with contract claim fails as there was 
   no contract with HealthEast and no breach of contract. Judge Shepherd 
   concurs in part and dissents in part.