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French v. St. Ritas Medical Ctr.

French v. St. Ritas Medical Ctr.

Ruling
Right of action for unauthorized disclosure of information by hospital arose postpetition and was not property of the estate.
Procedural posture

Plaintiff, the bankruptcy trustee of the estate of the debtor, asserted claims arising from unprivileged and unauthorized disclosure of medical treatments provided to the debtor by the defendant hospital, a creditor, where the disclosure was made in the claim filed by the creditor against the debtor's estate. The creditor moved to dismiss for the claim for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).

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Consumer opinion summary, case decided on August 12, 2008 , LexisNexis #1208-046