Hearn v. Reynolds
Hearn v. Reynolds
Opinion of the Court
ORDER OF REMAND
“Federal courts enjoy only limited jurisdiction,”
Title 28, Section 1441 of the United States Code allows defendants sued in state court to have the case heard instead in federal court, so long as the case could have been brought in federal court to begin with.
But removal is not available simply because a case will, at- one point or another, involve a discussion of federal law. Instead, Section 1441 permits removal only when the claims at issue “arise under” federal law.
The plaintiffs in this case (collectively “Hearn”) were parties earlier this year to a sealed proceeding in state-court.
This latter argument is the subject of the defendants’ removal to federal court. According to the defendants, Hearn’s invocation of HIPAA establishes that Hearn’s “claim arises under federal law such at this Court has federal question jurisdiction.”
For two reasons, this Court cannot agree.
First, HIPAA does not create a private right of action.
Second, even if HIPAA did create a private right of action, it is far from clear that Hearn intended to state such a claim. A review of Hearn’s complaint leads the Court to the conclusion that Hearn is concerned primarily with an intent to injure his standing in the community rather than a disclosure of his medical history. The complaint’s allusion to HIPAA strikes the Court as, at most, a fleeting observation rather than an attempt to state a claim. Hearn’s brief in support of his motion to remand
In the Notice of Remand, the defendants offered two arguments in favor of bringing the case to federal court, but the Court is reluctant to give them the federal jurisdictional key to this forum.
First, the defendants argue that even though HIPAA creates no private right of action, remand is inappropriate because “[w]hen a plaintiffs complaint seeks recovery under a federal law, federal courts should hear the suit even if the plaintiff fails to state a claim under federal law.”
A 2006 decision from this district is instructive. In Pierce v. Bryant,
Alternatively, the defendants contend that even if Hearn did not state a claim for a violation of HIPAA, the statute remains an indispensable “federal ingredient” in his claim.
But at least two courts have described Grable as a decision delineating an “exceptional” category of cases.
“[T]he removal statute is strictly construed”
At a telephonic hearing convened on this matter earlier today, defense counsel argued that HIPAA is the only provision of law explicitly invoked and, therefore, that if no federal claim has been stated then no claim at all has been stated. The Court agrees that the complaint is not the picture of clarity, and the Court expresses no opinion on whatever state claims have been presented. The only question before this court of limited jurisdiction is whether any federal claims have been stated. Given the broad consensus that HIPAA creates no private right of action, the Court can answer that question only in the negative.
Likewise, the Court is not unaware that this dispute takes place at a moment when most, if not all, of the chancellors otherwise available to hear this matter are out of state.
Hearn’s motion is granted. This matter is remanded to Hinds County Chancery Court. Because the Court finds that it lacks jurisdiction over this case, it does not reach the merits of the Motion to Dissolve Temporary Restraining Order and for Expedited Hearing.
. Trinity USA Operating, LLC v. Barker, 844 F.Supp.2d 781, 788 (S.D.Miss. 2011).
. Id. at *6.
. Wisconsin Dep’t of Corrs. v. Schacht, 524 U.S. 381, 386, 118 S.Ct. 2047, 141 L.Ed.2d 364 (1998).
. Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 314, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005) (emphasis added). See also Arkansas v. Kansas & Texas Coal Co., 183 U.S. 185, 188, 22 S.Ct. 47, 46 L.Ed. 144 (1901) (‘‘[I]t has been settled that a case cannot be removed from a state court into the circuit court of the United States on the sole ground that it is one arising under the Constitution, law, or treaties of the United States, unless that appears by plaintiffs statement of his own claim.”).
. State Court Record [Docket No. 2] at 3.
. State Court Record at 3.
. State Court Record at 4-5.
. The Health Insurance Portability and Accountability Act of 1996, Pub.L. No. 104-191, 110 Stat. 1936 (1996).
. Notice of Removal [Docket No. 1] at 2.
. Acara v. Banks, 470 F.3d 569, 571-72 (5th Cir. 2006) ("We hold there is no private cause of action under HIPAA and therefore no federal subject matter jurisdiction over Acara's asserted claims."). See Wright v. Combined Ins. Co. of Am., 959 F.Supp. 356, 363 (N.D.Miss. 1997) (holding that HIPAA contains no "manifest congressional intent to create a new federal cause of action which is removable to federal court”).
. Buchner v. FDIC, 981 F.2d 816, 819 (5th Cir. 1993) ("If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.”) (quoting 28 U.S.C. § 1447(c)).
. Memorandum of Law in Support of Motion to Remand [Docket No. 12] at 4.
. Notice of Removal at 3. The defendants offered authority in support of this position, none of which involved a HIPAA claim that created a removable, federal question.
. This argument also relies on the assumption that Hearn attempted to state a claim under HIPAA. For reasons already explained, the Court disagrees.
. See, e.g., Bell v. Hood, 327 U.S. 678, 66 S.Ct. 773, 90 L.Ed. 939 (1946).
. Pierce v. Bryant, 2006 WL 1520306, *1 (S.D.Miss. May 31, 2006) (Lee, L).
. Id.
. Id.
. Notice of Removal at 4.
. Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005).
. Grable, 545 U.S. at 310-11, 125 S.Ct. 2363.
. Id. at 315, 125 S.Ct. 2363.
. Id.
. Baum v. Keystone Mercy Health Plan, 826 F.Supp.2d 718, 721 (E.D.Pa. 2011); Cross v. King Cnty., 2009 WL 2475444, *4 (W.D.Wash. 2009). See also I.S. v. The Washington Univ., No. 4:11-cv-235-SN-LJ, 2011 WL 2433585, *2 (E.D.Mo. 2011) ("small and special cases” fall within this category).
. Harmon v. Maury Cnty., Tennessee, 2005 WL 2133697, *3 (M.D.Tenn. Aug. 31, 2005). See also id. ("In this situation, no welcome mat meant keep out.”).
. Baum, 826 F.Supp.2d at 721. See also Pendleton v. Hinds Cnty., No. 3:08-cv-754-HTW-LRA, 2010 WL 1416499, *2 (S.D.Miss. 2010).
. Gutierrez v. Flores, 543 F.3d 248, 251 (5th Cir. 2008).
. Singh v. Duane Morris LLP, 538 F.3d 334, 337-338 (5th Cir. 2008).
. With one chancellor likely being a witness in this matter, it is most likely that the remaining chancellors may recuse and that the Mississippi Supreme Court will have to appoint another judge to hear the matter. And the state courts will, I suspect, be called to act before affirmative obligations under the TRO must be taken.
.Motion to Dissolve Temporary Restraining Order and for Expedited Hearing [Docket No. 6].
Reference
- Full Case Name
- Elizabeth HEARN and Philip C. Hearn v. Jeffery P. REYNOLDS, Individually and doing business as Jeffrey P. Reynolds, P.A., Michael V. Cory, Jr., Danks, Miller & Cory, John P. Cottingham, and Jerry Barrett
- Cited By
- 1 case
- Status
- Published