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West Virginia Dep’t of Health and Human Resources v. E.H.

Petition for certiorari denied on October 11, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-1142 W. Va. N/A N/A N/A N/A OT 16

Issue: (1) Whether a court may abdicate to a state executive agency its duty under the supremacy clause to determine whether state law has been preempted; and (2) whether the privacy rule, which forbids the disclosure of a patient’s records without patient authorization, preempts West Virginia state law, which requires the disclosure of patient records without patient authorization.

DateProceedings and Orders (key to color coding)
Dec 22 2015Application (15A673) to extend the time to file a petition for a writ of certiorari from January 13, 2016 to March 11, 2016, submitted to The Chief Justice.
Dec 29 2015Application (15A673) granted by The Chief Justice extending the time to file until March 11, 2016.
Mar 11 2016Petition for a writ of certiorari filed. (Response due April 14, 2016)
Mar 31 2016Waiver of right of respondents E. H., et al. to respond filed.
Apr 6 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 14 2016Response Requested . (Due May 16, 2016)
Apr 14 2016Brief amicus curiae of Association of American Physicians and Surgeons filed.
Apr 28 2016Order extending time to file response to petition to and including June 15, 2016.
Jun 8 2016Order further extending time to file response to petition to and including June 28, 2016.
Jun 28 2016Brief of respondents E. H., et al. in opposition filed.
Jul 11 2016Reply of petitioner West Virginia Department of Health and Human Resources filed.
Jul 13 2016DISTRIBUTED for Conference of September 26, 2016.
Oct 3 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016Petition DENIED.