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DOE v. JO ELLEN SMITH MEDICAL FOUNDATION

No. 2012-CA-0966.

115 So.3d 655 (2013)

John DOE, et al. v. JO ELLEN SMITH MEDICAL FOUNDATION d/b/a Jo Ellen Smith Medical Center and Jo Ellen Smith Psychiatric Center and ABC Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 24, 2013.

Attorney(s) appearing for the Case

R. Ray Orrill, Jr. , W. Christopher Beary , Alexandre L.M. Ducros , Orrill Cordell & Beary, L.L.C., New Orleans, LA, for Plaintiffs/Appellees, John Doe, et al.

Peter E. Sperling , Carl E. Hellmers, III , John B. Cazale, V , Frilot L.L.C., Harry T. Lemmon , New Orleans, LA, Thomas H. Dupree, Jr. , Pro Hac Vice, Gibson, Dunn & Crutcher, LLP, Washington, DC, Theane Evangelis Kapur , Pro Hac Vice, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA, Jeffrey S. Osgood , Pro Hac Vice, Strasburger & Price, LLP, Dallas, TX, for Defendants/Appellants, P.I.A. Westbank, Inc., d/b/a Jo Ellen Smith Psychiatric Hospital, Tenet HealthSystem Hospitals, Inc., d/b/a Jo Ellen Smith Medical Center, and Tenet Healthcare Corporation.

(Court composed of Chief Judge JAMES F. McKAY, III, Judge TERRI F. LOVE, Judge ROSEMARY LEDET).

TERRI F. LOVE, Judge.

This appeal arises from a motion to decertify, based on changes in law and circumstances, a class of plaintiffs claiming damages allegedly suffered as a of the unauthorized placing of confidential medical records and documents in a hospital parking lot where they were subjected to public view and taking. The trial court denied the defendant's motion to decertify. We find that the trial court did not abuse its discretion by denying the motion...

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