Nominal Damages

Type: Keyphrase
Name: Nominal Damages
First reported Jul 30 2014 - Updated Jul 30 2014 - 2 reports

California Court of Appeal Rules Damages Are Unavailable To Plaintiff Patients Where Patient Information On Stolen Computer Was Not Disclosed!

[co-author: Jacquelyn Loyd]Until last week, Sutter Health was looking at a potential jury verdict in excess of $4 billion against several of its affiliated hospitals in a class action suit filed under the California Medical Information Act, California ... [Published JD Supra - Jul 30 2014]
First reported Jul 30 2014 - Updated Jul 30 2014 - 1 reports

Publication: No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

Client AlertCalifornia’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of medical information ... [Published Pillsbury Law - Jul 30 2014]
First reported Jul 29 2014 - Updated Jul 29 2014 - 1 reports

City taking steps to avoid lawsuit

By Frank Lewisflewis@civitasmedia.comPortsmouth City Solicitor John Haas has taken steps to attempt to stave off the shadow of a lawsuit filed against the city, the City Health Department, its director Chris Smith, and Director of Environmental Services ... [Published Portsmouth Daily Times - Jul 29 2014]
First reported Jul 25 2014 - Updated Jul 25 2014 - 1 reports

California Appellate Court Requires Actual Viewing of Confidential Information in Data Breach Case Under the California Medical Information Act

In a case against Sutter Health involving records from a stolen office computer, the California Court of Appeal recently issued a decision limiting plaintiffs’ ability to state a claim and obtain statutory damages under the California Medical Information ... [Published JD Supra - Jul 25 2014]
First reported Jul 24 2014 - Updated Jul 24 2014 - 1 reports

Court further limits application of statutory damages under the Confidentiality of Medical Information Act

The Court of Appeal issued a published opinion this week in the case of Sutter Health v. Superior Court limiting the application of the nominal damages provision under the Confidentiality of Medical Information Act (CMIA). The court concluded that under ... [Published California Medical Association - Jul 24 2014]
First reported Jul 22 2014 - Updated Jul 23 2014 - 1 reports

C.A. Rejects Claim That Hospital Is Liable for Loss of Records

Metropolitan News-EnterpriseTuesday, July 22, 2014Page 1 No Liability, Court Says, Absent Proof That Unauthorized Person Actually Viewed Medical DataBy a MetNews Staff WriterA person whose confidential medical information was stolen from a hospital cannot ... [Published Metropolitan News-Enterprise - Jul 22 2014]
First reported Jul 23 2014 - Updated Jul 23 2014 - 1 reports

WPP, Kantar and TRA Ditch Last Damages Claim

WPP, Kantar and TRA have jointly agreed not to go to court over the last outstanding claim in their three-year legal wrangle. A case which began with allegations of stealing trade secrets and deterring potential investors was concluded with the payment ... [Published MrWeb - Jul 23 2014]
First reported Jul 22 2014 - Updated Jul 22 2014 - 1 reports

Privacy class action partially certified: damages the key

Do nominal damages benefit only class counsel such that nominal damages class actions should be shut down? In , the Ministry of Human Resources and Skills Development Canada made this argument at the certification hearing. The Certification Judge thought ... [Published Lexology - Jul 22 2014]
First reported Jul 21 2014 - Updated Jul 21 2014 - 1 reports

Three-Year Court Battle With WPP Ends With $1 Damages Award To TRA

A three-year-old law suit between WPP, Kantar and affiliated firms and TRA, now owned by TiVo, has concluded with both sides agreeing not to pursue a trial on the remaining claim of whether TRA wasentitled to nominal damages on its claims for breach of ... [Published Media Post - Jul 21 2014]
First reported Jul 21 2014 - Updated Jul 21 2014 - 1 reports

Defamation suit: Two win damages against ex-club president

TWO former management committee members of the Singapore Swimming Club (SSC) have each been awarded $50,000 in damages in a defamation suit against ousted president Freddie Koh.The damages were awarded to Mr Gope Ramchand and Mr Gary Oon Hong Siang on ... [Published Singapore Law Watch - Jul 21 2014]
First reported Jul 17 2014 - Updated Jul 17 2014 - 1 reports

California Court Grants Hospital Summary Judgment on Data Breach Claim

In its recent decision in Eisenhower Medical Center v. Superior Court , 226 Cal. App. 4th 430(Cal. App. 4 th Dist. 2014), the Court of Appeal of California, Fourth District, had occasion to consider whether a medical facility’s disclosure of information ... [Published JD Supra - Jul 17 2014]
First reported Jul 09 2014 - Updated Jul 09 2014 - 2 reports

California Court Limits Liability for Loss of Certain Patient Information under CMIA

California appellate courts are clarifying potential liability under California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”) of health care providers, health plans, pharmaceutical companies and others for the unauthorized ... [Published JD Supra - Jul 09 2014]

Quotes

..."The damages award is by no means excessive," he wrote, "given Samsung's widespread infringement and dilution and the billions of dollars that Samsung reaped as a result."
...Richard Gladden said that the ruling marked the first time nationally that an appeals court has ruled that family members can sue in these cases. "That's a first nationally, although it doesn't seem to have ever been considered by another State or Federal Court" said Gladden
In dismissing the case, the court ruled that "plaintiffs have failed to state a cause of action under the [California] Confidentiality Medical Information Act because they do not allege that the stolen medical information was actually viewed by an unauthorized person."
"No breach of confidentiality takes place until an unauthorized person views the medical information," Nicholson wrote. "It is the medical information, not the physical record (whether in electronic, paper, or other form), that is the focus of the Confidentiality Act. While there is certainly a connection between the information and its physical form, possession of the physical form without actually viewing the information does not offend the basic public policy advanced by the Confidentiality Act." [Parentheses in opinion.]

More Content

All (38) | News (36) | Reports (0) | Blogs (2) | Audio/Video (0) | Fact Sheets (0) | Press Releases (0)
sort by: Date | Relevance
Railroad worker claims excessive punishment dol... [Published The Southeast Texas Record - 10 hours ago]
California Court of Appeal Rules Damages Are Un... [Published JD Supra - Jul 30 2014]
No harm, no foul — appellate court finds no CMI... [Published The Lawyer - Jul 30 2014]
Publication: No Harm, No Foul – Appellate Court... [Published Pillsbury Law - Jul 30 2014]
Apple Jabs at Samsung's Academic Allies in Smar... [Published Recorder - Jul 30 2014]
City taking steps to avoid lawsuit [Published Portsmouth Daily Times - Jul 29 2014]
California Appellate Court requires actual view... [Published Lexology - Jul 29 2014]
California Appellate Court Requires Actual View... [Published JD Supra - Jul 25 2014]
Court further limits application of statutory d... [Published California Medical Association - Jul 24 2014]
Lewisville Loses Appeal on Sex Offender Ordinance [Published WhosPlayin.com - Jul 23 2014]
WPP, Kantar and TRA Ditch Last Damages Claim [Published MrWeb - Jul 23 2014]
Sutter Health Breach Suit Dismissed [Published InfoRiskToday - Jul 22 2014]
Sutter Health Off Hook for Stolen Records [Published Courthouse News Service - Jul 22 2014]
C.A. Rejects Claim That Hospital Is Liable for ... [Published Metropolitan News-Enterprise - Jul 22 2014]
Privacy class action partially certified: damag... [Published Lexology - Jul 22 2014]
Court halts $4 billion privacy suit against Sut... [Published Sacramento Bee - Jul 22 2014]
Three-Year Court Battle With WPP Ends With $1 D... [Published Media Post - Jul 21 2014]
Defamation suit: Two win damages against ex-clu... [Published Singapore Law Watch - Jul 21 2014]
Sexual harassment damages game changer: full Fe... [Published Lexology - Jul 17 2014]
California Court Grants Hospital Summary Judgme... [Published JD Supra - Jul 17 2014]
AUSTRALIA: Wholesaler Found Liable for Infringe... [Published INTA Bulletin - Jul 15 2014]
California court limits liability for loss of c... [Published Lexology - Jul 09 2014]
California Court Limits Liability for Loss of C... [Published JD Supra - Jul 09 2014]
City wins dismissal of civil rights case [Published Knox Pages - Jul 09 2014]
Publication: California Court Limits Liability ... [Published Pillsbury Law - Jul 09 2014]
Judge denies attorney's request for $123k [Published Scranton Times-Tribune - Jul 08 2014]
Delaware Courts Leave Attorneys Tweaking Bylaws... [Published Bureau of National Affairs - Jul 03 2014]
Punitive Damages Slashed In AZ Harassment Case ... [Published Today's General Counsel - Jun 30 2014]
MIGRANT PRISONERS 'CAN GET DAMAGES' [Published Mail Online UK - Jun 27 2014]
Crothall v. Zimmerman, C.A. No. 608, 2013 (Del.... [Published JD Supra - Jun 26 2014]
1 2
In Focus
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
Content Volume
Document Volume
Network
Network

Blogs

sort by: Date | Relevance
Georgia City Sued Over Law Requiring Prescripti... [Published The Consumerist - May 19 2014]
( Sarah McGowen ) A man and woman in Georgia have filed a lawsuit against the city of Sandy Springs, GA, attempting to challenge a city ordinance that requires a consumer get a prescription from a doctor in order to purchase sex toys. According ...
Company Fires Off Legal Threats To Site Owner O... [Published Techdirt - Mar 14 2014]
Once again, it's time to discuss bogus C&D notices , specifically those that acknowledge Section 230 protections before blithely continuing on with the legal threats as though it has absolutely no bearing on the subject at hand. Mr. Money Mustache, ...
1
Contact Us
Sales
Support


Freebase CC-BY Some image thumbnails are sourced from Freebase, licensed under CC-BY

Copyright (C) 2014 Silobreaker Ltd. All rights reserved.
The selection and placement of stories and images on any Silobreaker page are determined automatically by a computer program.
The time or date displayed reflects when an article was added to or updated in Silobreaker.