MURPHY v. DULAY

No. 13-14637.

768 F.3d 1360 (2014)

Glen MURPHY, Plaintiff-Appellee, v. Adolfo C. DULAY, Adolfo C. Dulay, M.D., P.A., State of Florida, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 10, 2014.


Attorney(s) appearing for the Case

Robert S. Peck , Center for Constitutional Litigation, P.C., Washington, DC, Ralph Vinson Barrett, Jr., Eubanks & Barrett, Tallahassee, FL, David Marc Buckner , Brett Elliott Von Borke , Grossman Roth, PA, Coral Gables, FL, for Plaintiff-Appellee.

Erik P. Bartenhagen , Mark Hicks, Hicks Porter Ebenfeld & Stein, PA, Miami, FL, Michael S. Hull , Hull Henricks, LLP, Austin, TX, Pam Bondi, Albert J. Bowden, III , Diane G. Dewolf , Allen C. Winsor , Attorney General's Office, Tallahassee, FL, for Defendants-Appellants.

Before HULL, MARCUS, and HILL, Circuit Judges.


HULL, Circuit Judge:

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065 — that the plaintiff execute a written authorization form for release of protected health information — is preempted by a federal statute...

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