In a decision that looks like an answer to a law school exam, the U.S. District Court for the Western District of New York allowed plaintiffs to proceed with their claims after addressing an array of challenges to their Second Amended Complaint in a dispute involving the costs of copies of medical records. In two other cases, the court examined how asserting a good-faith defense may result in an implied waiver of attorney-client privilege and granted sanctions against attorneys disregarding court rules and orders.

Plaintiffs’ Medical Records

Who Paid for the Records?—A Standing Issue. U.S. District Judge Michael A. Telesca previously dismissed, without prejudice, plaintiffs’ First Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. The court reasoned that plaintiffs “did not allege sufficient facts to show that Plaintiffs had suffered cognizable injuries in fact for standing purposes because it was plaintiffs’ law firm, and not plaintiffs themselves, which was charged, and which paid, for the copies of the medical records at issue.” By contrast, in McCracken v. Verisma Sys., 2015 U.S. Dist. LEXIS 123775 (W.D.N.Y. Sept. 16, 2015), Judge Telesca denied in their entirety defendants’ motions pursuant to Rule 12(b)(6) to dismiss plaintiffs’ Second Amended Complaint.

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