Class action alleging invasion of privacy and negligence remanded to state court over objection of both defendants

In July of 2011, The Smith Law Firm, LLC, filed a class action lawsuit, alleging invasion of privacy, negligence, and violations of the Missouri Merchandising Practices Act, against Barnes-Jewish Hospital and Washington University.  The lawsuit alleges that during the weekend of December 4, 2010, an unencrypted laptop containing patient’s personal and confidential medical information was lost and/or stolen from their facility. 

Washington University and Barnes-Jewish, through their attorneys, immediately removed the case from the Circuit Court of the City of St. Louis, Missouri, to the United States District Court, Eastern District. 

On September 12, 2011, our firm filed a motion to remand the case to Missouri state court and subsequently sought to conduct limited discovery on the issue (also opposed by both defendants).  On August 16, 2012, after granting our motion to conduct limited discovery, District Judge Carol E. Jackson granted our motion to remand the case based on both the “home state” and “local controversy” exceptions contained in 28 U.S.C. § 1332.  For more information, please see Rita Barricks, et al. v. Barnes-Jewish Hospital, et al., 4:11-CV-1386 (CEJ); 1122-CC08701.  Defendants are represented by Fox Galvin, LLC, and Lewis, Rice & Fingersh, L.C.