19 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,853 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,397 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
U.S. v. Olson
546 U.S. 43 (2005) Cited 369 times 1 Legal Analyses
Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party
Johnson v. Sawyer
47 F.3d 716 (5th Cir. 1995) Cited 166 times 1 Legal Analyses
Holding that violation of a duty created by federal law would not support an FTCA claim, but noting that the same violation may constitute a violation of a state-imposed duty on a “negligence per se concept”
Jaubert v. Crowley Post-Signal, Inc.
375 So. 2d 1386 (La. 1979) Cited 114 times
Discussing individuals’ right to privacy under Article 1, § 5 of the Louisiana constitution as weighed against the freedom of the press
Brown v. United States
653 F.2d 196 (5th Cir. 1981) Cited 82 times
Holding that, in a malicious prosecution action under Texas law, malice may be inferred from the lack of probable cause or the conclusion that the government acted in reckless disregard of an individual's rights
Laburre v. East Jefferson General Hosp
555 So. 2d 1381 (La. 1990) Cited 49 times
No. 89-CC-1262. February 5, 1990. APPEAL FROM 24TH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE WALLACE C. LEBRUN, J. Edward A. Rodrigue, Jr., Terry B. Deffes, Boggs, Loehn Rodrigue, New Orleans, for defendant-applicant. Cameron C. Gamble, C.T. Williams, Jr., William H. Voight, Blue, William Buckley, Metairie, for respondents. LEMMON, Justice. We granted certiorari to determine whether the Blood Center of Southeast Louisiana, Inc. may be compelled under the circumstances
Groff v. Sw. Bev. Co.
997 So. 2d 782 (La. Ct. App. 2008) Cited 18 times
Affirming summary judgment on assault claim because, among other reasons, co-employee never made a verbal threat, "had no weapon," and "did not move toward [plaintiff] in a manner that would indicate a threat of imminent harmful or offensive contact"
N.D. v. Ochsner Cli.
983 So. 2d 1034 (La. Ct. App. 2008)
No. 2007-CA-567. May 27, 2008. ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA, NO. 572-513, DIVISION "I", HONORABLE JO ELLEN V. GRANT, JUDGE PRESIDING. JAMES E. STOVALL, Attorney at Law, Covington, Louisiana, COUNSEL FOR APPELLANT, N.D. JOSEPH J. LOWENTHAL, JR., VIRGINIA W. GUNDLACH, Attorneys at Law, New Orleans, Louisiana, COUNSEL FOR APPELLEE, OCHSNER CLINIC, L.L.C. REVERSED AND REMANDED. Panel composed of Judges EDWARD A. DUFRESNE, JR., MARION
Kirkley v. Kirkley
575 So. 2d 509 (La. Ct. App. 1991) Cited 3 times
Holding that physician-patient privilege is waived by contesting custody, but noting that trial court has power to seal records or take testimony in chambers
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,663 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,109 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 13:3715.1 - Medical or hospital records of a patient; subpoena duces tecum and court order to a health care provider; reimbursement for records produced
La. Stat. tit. 13 § 3715.1 Cited 58 times
A. As used in this Section, the following terms shall have the respective meanings ascribed thereto: (1) Patient "records" shall not be deemed to include x-rays, electrocardiograms, and like graphic matter unless specifically referred to in the subpoena, summons, or court order. (2) "Health care provider" shall mean a person, partnership, corporation, facility, or institution defined in R.S. 40:1231.1(A). B. The exclusive method by which medical, hospital, or other records relating to a person's
Section 13:3734 - Privileged communication between health care provider and patient
La. Stat. tit. 13 § 3734 Cited 54 times
A. As used in this Part: (1) "Communication" means the acquiring, recording or transmittal, of any information, in any manner whatsoever, concerning any facts, opinions or statements necessary to enable the health care provider to diagnose, treat, prescribe or to act for the patients; said communications may include, but are not limited to any and all medical records, office records, hospital records, charts, correspondence, memoranda, laboratory tests and results, x-rays, photographs, financial
Section 160.103 - [Effective 6/25/2024] Definitions
45 C.F.R. § 160.103 Cited 625 times 86 Legal Analyses
Excluding "government agency ... collecting protected health information" to determine eligibility for public benefits
Section 164.502 - [Effective 6/25/2024] Uses and disclosures of protected health information: General rules
45 C.F.R. § 164.502 Cited 391 times 95 Legal Analyses
Providing that a person authorized to act on behalf of a deceased individual must be treated as a personal representative “with respect to protected health information relevant to such personal representation ”
Section 160.203 - General rule and exceptions
45 C.F.R. § 160.203 Cited 142 times 10 Legal Analyses
Preserving contrary state law when the law would provide greater protection than HIPAA

Saucier v. United States et al

19 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party

Holding that violation of a duty created by federal law would not support an FTCA claim, but noting that the same violation may constitute a violation of a state-imposed duty on a “negligence per se concept”

Discussing individuals’ right to privacy under Article 1, § 5 of the Louisiana constitution as weighed against the freedom of the press

Holding that, in a malicious prosecution action under Texas law, malice may be inferred from the lack of probable cause or the conclusion that the government acted in reckless disregard of an individual's rights

Affirming summary judgment on assault claim because, among other reasons, co-employee never made a verbal threat, "had no weapon," and "did not move toward [plaintiff] in a manner that would indicate a threat of imminent harmful or offensive contact"

Holding that physician-patient privilege is waived by contesting custody, but noting that trial court has power to seal records or take testimony in chambers

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Excluding "government agency ... collecting protected health information" to determine eligibility for public benefits

Providing that a person authorized to act on behalf of a deceased individual must be treated as a personal representative “with respect to protected health information relevant to such personal representation ”

Preserving contrary state law when the law would provide greater protection than HIPAA