Louisiana Hospital Privacy Suit State Court Remand Is Affirmed

A Louisiana hospital can’t fight a privacy lawsuit in federal court because it doesn’t qualify as a federal officer, which is required for removal under an applicable statute, a Fifth Circuit panel said Monday.

A three-judge panel with the US Circuit Court for the Fifth Circuit unanimously affirmed a lower court’s decision to remand a proposed class action against Louisiana Children’s Medical Center to a Louisiana state court, according to their opinion. The hospital failed to comply with the federal officer removal statute because it couldn’t prove it was acting pursuant to a federal officer’s directions.

Pebbles Martin alleged ...