Health Law
Carbondale, Illinois
Members: Alec Nielson, Michael Mahoney, Madison Dizinno
Coaches: Kyle McLean (student) and Zachary Young (alumni)
Description of Issues:

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.
Scheduling Contact: Kyle McLean ()
Document(s): Problem and Bench Memo will be emailed to judges before practice
Mon. September 17
10:00AM - 11:30AM Miranda Rowley
Wed. September 26
7:30PM - 9:00PM MCR Paige Adaskaveg
Thu. September 27
7:00PM - 8:30PM MCR Paige Adaskaveg Laura Anderson Navneet Mattu
Sat. September 29
1:00PM - 4:00PM J Brittany Sierra Luther
Mon. October 1
7:30PM - 9:00PM J Miranda Paige Alex Padua
Wed. October 3
10:00AM - 11:30AM MCR Irene Lee Mikaela Bock Karl Johnston Peter Holl Reid
Fri. October 5
12:00PM - 1:30PM MCR Katharine Sundberg Yena Kim Holly Locke shireen leung Addie Subido
Sat. October 6
1:00PM - 4:00PM C Closed Closed Closed Closed Closed
Mon. October 8
10:00AM - 11:30AM 304 Yena Kim Mikaela Bock Brian Hawkinson
Wed. October 10
10:00AM - 11:30AM MCR Mikaela Bock Irene Lee Brittany Adrienne Subido Paige
7:30PM - 9:00PM E Bekah Young Nicole Vales Miranda Swetha Gopalakrishnan Justin Bargar
Wed. October 17
10:00AM - 11:30AM MCR Mikaela Bock Irene Lee Mikayla O'Neal Breana Burgos Paige
Thu. October 18
7:00PM - 8:30PM C Swetha Gopalakrishnan Rachel Steyer Paige Sierra Navneet Mattu
Sat. October 20
1:00PM - 4:00PM J Breana Burgos Paige
Mon. October 22
10:00AM - 11:30AM 201 Breana Burgos Mikayla O'Neal
Wed. October 24
7:30PM - 9:00PM D Swetha Gopalakrishnan Irene Lee Nicole Vales Miranda
Fri. October 26
7:30PM - 9:00PM C (Fun Practice) Breana Burgos Mikayla O'Neal
Sat. October 27
1:00PM - 4:00PM J Breana Burgos