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R.K. v. ST. MARY'S MEDICAL CENTER, INC.

No. 11-0924.

735 S.E.2d 715 (2012)

R.K., Plaintiff Below, Petitioner, v. ST. MARY'S MEDICAL CENTER, INC., d/b/a St. Mary's Medical Center, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 15, 2012.

Attorney(s) appearing for the Case

Jeffrey V. Mehalic , Law Offices of Jeffrey V. Mehalic, Charleston, WV, for Petitioner.

Marc E. Williams , Robert M. Sellards , Ryan Q. Ashworth , Nelson Mullins Riley & Scarborough LLP, Huntington, WV, for Respondent.

DAVIS, Justice:

R.K.,1 plaintiff below/petitioner, seeks reversal of a circuit court order dismissing numerous state-law claims he had asserted against St. Mary's Medical Center, Inc., defendant below/respondent (hereinafter referred to as "St. Mary's"). The circuit court granted St. Mary's 12(b)(6) motion to dismiss based upon its conclusion that R.K.'s state-law claims were preempted by the federal Health Insurance Portability and Accountability...

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