This matter comes before the Court on Petitioner's motion to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).  Petitioner Barker & Todd, Inc. (B&T) is a pharmaceutical company that is incorporated and has its principal place of business in the state of Missouriana.  Respondent Anthony Hope, a citizen of South Illinois, filed this class-action complaint against defendant on February 15, 2016, invoking diversity jurisdiction under 28 U.S.C. § 1332(d)(2).  Plaintiff’s complaint asserts common law negligence claims against the defendant, individually and on behalf of the putative class of similarly situated persons, for failing to safeguard their electronic protected health information (ePHI), based on standards set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Respondent asserts damages in excess of $5,000,000.

Questions presented:

1. Whether Respondent established injury-in-fact to confer standing under Article III;
2. Whether Respondent's state law negligence claims may be based on violations of the Health Insurance Portability and Accountability Act.