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  • Tannous v. Cabrini Univ.

    Publication Date: 2023-12-11
    Practice Area: Privacy
    Industry: Education | Non-Profit | Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1115

    Defendant moved for dismissal of plaintiff professor's false light invasion of privacy claim based on defendant's article reposting plaintiff's tweets and alleging plaintiff was the "Antisemite of the Week" and court found the article was an expression of opinion, the republished tweets did not imply the presence of undisclosed facts about plaintiff of a defamatory nature and the first amendment required dismissal of the claim. Motion granted.

  • Patrick v. The Daily Beast Co., LLC

    Publication Date: 2023-06-19
    Practice Area: Privacy
    Industry: Legal Services | Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2:22-cv-01520-JDW

    Defendants moved to dismiss plaintiff judge's false light invasion of privacy claim based on defendant's article asserting she was "QAnon-linked" and court found that reading the article in a light most favorable to plaintiff, article showed defendants did no real reporting before publishing the story and chose to view the facts in a light unfavorable to plaintiff but nothing showed they knew their description of judge was false or they recklessly disregarded the truth. Motion granted.

  • Commonwealth v. Nuzzo

    Publication Date: 2022-11-07
    Practice Area: Privacy
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 726 WDA 2021

    Trial court erred in denying criminal defendant's request to seal his competency petition, where the petition included mental health treatment records that put the petition within the category of "all documents" subject to confidentiality under the Mental Health Procedures Act. Order of the trial court vacated, case remanded.

  • Popa v. Harriet Carter Gifts, Inc.

    Publication Date: 2022-09-05
    Practice Area: Privacy
    Industry: E-Commerce | Software | Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Ambro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1007

    District court erred in granting summary judgment to defendants in plaintiff's Wiretapping and Electronic Surveillance Control Act action over marketing service's acquiring information about appellant's website search and court found there was no direct-party exception to liability under WESCA and remanded for district court to determine where the interception occurred and to resolve disputes about website's privacy policy. Order vacated.

  • Fausnaught v. UPMC Susquehanna

    Publication Date: 2020-05-18
    Practice Area: Privacy
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0401

    Plaintiff could not sustain a negligence claim against her employer based on its alleged failure to protect her confidential medical information where her complaint failed to establish a relevant duty except by citation to the Health Insurance Portability and Accountability Act, which does not provide for a private cause of action. The court sustained in part defendants' preliminary objections.

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  • Commonwealth v. Segarra

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Privacy
    Industry: Health Care | State and Local Government
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0191

    Trial court erred in ordering child advocate to review child's mental health records and disclose impeachment evidence to trial court presiding over child's alleged rapist's trial where such records were entitled to absolute privilege under the Mental health and Procedures Act. Order of the trial court reversed.

  • Commonwealth v. Dunkins

    Publication Date: 2020-02-24
    Practice Area: Criminal Law | Privacy
    Industry: Education | Technology Media and Telecom
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0189

    The trial court did not err in denying defendant's motion to suppress cell site collection data offered at his trial where he stood accused of robbery on the campus of the college he attended since defendant agreed to surrender some privacy rights to have his cell phone access the college's Wi-Fi network in exchange for use of the network. The superior court affirmed.

  • In re: Fortieth Statewide Investigating Grand Jury

    Publication Date: 2019-12-09
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1417

    Grand jury investigation target's disclosure of mental health treatment records to his employer, when treatment was obtained at the employer's behest, could not be construed as an implied or general release that would allow the grand jury to include information from the records in a public report. Order of the supervising judge reversed.

  • Taha v. Bucks County

    Publication Date: 2019-10-21
    Practice Area: Privacy
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1243

    Defendants moved for judgment as a matter of law, a new trial, or remittitur after jury found they willfully violated CHRIA in setting up the inmate lookup tool internet searchable database and court found trial court properly defined "willfulness" in the jury instructions and denied remittitur. Motions denied.

  • Commonwealth v. Shreffler

    Publication Date: 2019-01-15
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0023

    Commonwealth bore burden to unseal supporting documents for wiretap intercept demonstrating consent to be recorded and an affidavit of probable cause, and to disclose such documents to defendant before trial; the failure to comply with this statutory requirement warranted reversal of denial of suppression motion. Judgment of sentence vacated, case remanded.