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FABER v. CIOX HEALTH, LLC

No. 18-5896.

944 F.3d 593 (2019)

Richard FABER and Jennifer Monroe, Individually and also on behalf of all similarly situated persons, Plaintiffs-Appellants, v. CIOX HEALTH, LLC, d/b/a HealthPort Technologies, LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 5, 2019.

Attorney(s) appearing for the Case

ARGUED: Kevin McCormack , BALLIN, BALLIN & FISHMAN, P.C., Memphis, Tennessee, for Appellants. Jay P. Lefkowitz, P.C., KIRKLAND & ELLIS, LLP, New York, New York, for Appellee. ON BRIEF: Kevin McCormack , BALLIN, BALLIN & FISHMAN, P.C., Memphis, Tennessee, for Appellants. Jay P. Lefkowitz , P.C., KIRKLAND & ELLIS, LLP, New York, New York, Garry K. Grooms , BURR & FORMAN LLP, Nashville, Tennessee, for Appellee.

NALBANDIAN, J., delivered the opinion of the court in which KETHLEDGE, J., joined., and MERRITT, J., joined in part. MERRITT, J. (pp. 605-07), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Courts play a limited role in effecting public policy in this country. In short: legislatures make the policy; we interpret it. So when Congress chose not to create a private right of action in HIPAA, it wasn't our job to graft one onto Tennessee common law. And when the Tennessee legislature failed to...

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