News & Analysis as of

Negligent Infliction of Emotional Distress Negligence

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

ArentFox Schiff

Virginia Supreme Court Recognizes Negligent Retention and Vicarious Liability for Acts of Retired Employee

ArentFox Schiff on

On April 29, 2021, the Supreme Court of Virginia reversed the dismissal of claims for negligent hiring or retention, vicarious liability, and negligent infliction of emotional distress where a complaint alleged that a retired...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

White and Williams LLP

Pennsylvania Federal District Court Grants Summary Judgment on NIED Claim Involving an Alleged Negligent Diagnosis

White and Williams LLP on

Pennsylvania law on negligent infliction of emotional distress (NIED) claims in medical malpractice cases is in constant flux. Recently, the United States District Court for the Eastern District of Pennsylvania addressed one...more

Robinson+Cole Data Privacy + Security Insider

Ashley Madison data breach update

Anonymous users of the almost 40 million users of the Ashley Madison website have filed suit against internet service providers (ISPs) GoDaddy and Amazon alleging that they have been damaged because the ISPs hosted the stolen...more

Haight Brown & Bonesteel LLP

Laypersons’ Observations of Hospital Staff’s “Lack of Urgency” in Treating Relative Sufficient to Sustain Claim for Negligent...

In Keys v. Alta Bates Summit Medical Center (filed 2/23/2015, certified for publication 3/25/2015, No. A140038) the California Court of Appeal, First District, affirmed a jury verdict for Plaintiffs on a cause of action for...more

Benesch

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Benesch on

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

Troutman Pepper

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

Troutman Pepper on

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

K&L Gates LLP

Connecticut Supreme Court Issues Decision That Could Expand State Law Liability in Data Breach Class Actions for Businesses...

K&L Gates LLP on

Health care providers have not escaped the recent proliferation of data breach class actions, but plaintiffs generally have been unsuccessful in bringing claims based on the Health Insurance Portability and Accountability Act...more

King & Spalding

Connecticut Supreme Court Overturns HIPAA-Based Dismissal of State Law Privacy Claims

King & Spalding on

On Tuesday, November 4, 2014, the Connecticut Supreme Court announced its decision to overturn a trial court’s determination that a plaintiff could not bring state common law claims for negligence and negligent infliction of...more

BakerHostetler

Connecticut Supreme Court Recognizes Right to Sue for Negligence Using HIPAA as Standard of Care

BakerHostetler on

In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more

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