Webb v. Smart Document Solutions, LLC’s Empirical Analysis
499 F.3d 1078 · 2007
Citation profile
9 federal appellate · 3 district · 4 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1453 (§ 5 of the Class Action Fairness Act of 2005) · 42 U.S.C. § 1320D (§ 1171 of the Social Security Act of 1935) · 42 U.S.C. § 1320D (§ 1173 of the Social Security Act of 1935)
Relies on Erie Co v. Tompkins · Mullaney v. Wilbur · Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. Thompson · Thomas Jefferson University v. Shalala · 20 Cal. 4th 163 - Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“■ [1] the state law prohibits or restricts a use or a disclosure of information where. HI-PAA would. allow it; [2] the state law provides an individual with greater-rights of access .or amendment to his medical information than provided under HIPAA; [3] the state law provides an individual vvith a greater amount of information about a use, a disclosure,, rights and remedies; [4] [state law -provides requirements that narrow the scope or duration, increase the privacy protections afforded, or reduce the coercive effect of .the circumstances surrounding the express legal permission of an individual to disclose information]; [5] the state law provides for the retention or reporting of more detailed information or for a longer duration; or [6] the state law provides greater privacy protection for the individual who is the subject of the individually identifiable health information.”
1 later decision quote this exact passage · from the majority“[A]lthough we have not held explicitly that there is no private right of action under HIPAA, express or implied, other circuits have so held. Instead, HIPAA provides for penalties to be imposed by the Secretary of the Department of Health and Human Services ("DHHS”
1 later decision quote this exact passage · from the majority“some indication of [] regulatory intent that overcomes plain language . . . referenced in the published notices that accompanied the rulemaking process.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.