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Home / Opinion Digests / Civil Practice / Civil Practice – Federal Jurisdiction – Federal Question – HIPAA – Unfair Trade Practices — Remand (access required)

Civil Practice – Federal Jurisdiction – Federal Question – HIPAA – Unfair Trade Practices — Remand (access required)

McKnight v. Surgical Associates of Myrtle Beach LLC Even though, as an element of her state-law unfair trade practices claim, plaintiff alleges that defendants violated a federal law - the Health Information Portability and Accountability Act of 1996 (HIPAA) - this allegation alone is insufficient to give this court federal question jurisdiction over plaintiff’s claim. Plaintiff’s motion to remand to state court is granted.

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