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Howard Center v. AFSCME Local 1674, et al.
Paid petition · Supreme Court of Vermont, No. 21-AP-257 · judgment January 20, 2023
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a petition filed soon after the judgment below, and a petition citing one or two dissents.
Question presented
I. Pursuant to federal regulations collectively known as “the HIPAA Privacy Rule,” must a covered entity like the Howard Center ensure compliance therewith by its workforce, adopt a sanction policy, and apply appropriate sanctions against all members of its workforce who fail to comply? II. Did the Arbitrator manifestly disregard the law by prohibiting the Howard Center from imposing even minimal discipline on an employee, who indisputably violated patient privacy in violation of federal law, when “appropriate sanctions” are mandatory under the HIPAA Privacy Rule?
Counsel of record
For petitioner
Kevin John Coyle
McNeil, Leddy & Sheahan, P.C.
For respondent
Jacob Raffel Karabell
Bredhoff & Kaiser, P.L.L.C.
Case
Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, May 30, 2023 · Certiorari denied
Proceedings
- May 30 2023Petition DENIED.
- May 09 2023DISTRIBUTED for Conference of 5/25/2023.
- May 01 2023Waiver of right of respondent AFSCME Local 1674, et al. to respond filed.
- Apr 20 2023Petition for a writ of certiorari filed. (Response due May 25, 2023)