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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]