Supreme Court Report

Supreme Court of the United States · Official docket →

Howard Center v. AFSCME Local 1674, et al.

Paid petition · Supreme Court of Vermont, No. 21-AP-257 · judgment January 20, 2023


Certiorari denied · May 30, 2023
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below.

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

Conference history
Distributed for 1 conference

Proceedings

  1. May 30 2023
    Petition DENIED.
  2. May 09 2023
    DISTRIBUTED for Conference of 5/25/2023.
  3. May 01 2023
    Waiver of right of respondent AFSCME Local 1674, et al. to respond filed.
  4. Apr 20 2023
    Petition for a writ of certiorari filed. (Response due May 25, 2023)