X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
PUBLISH

Before HARTZ and GORSUCH, Circuit Judges, and BRIMMER,*fn1 District Judge.

Ashley Regan-Touhy claims that Kim Whitlock, a former Walgreen pharmacy technician, used her position to access Ms. Touhy’s pharmacy records and then disclosed the contents of those records to Ms. Touhy’s ex-husband, among others. Asserting diversity jurisdiction, Ms. Touhy sued Walgreen, alleging it is liable for the unlawful disclosure of her confidential medical information, as well as for the emotional distress that disclosure caused her. At the close of discovery, Ms. Touhy asked the court to compel Walgreen to produce materials that Ms. Touhy hoped would include evidence pointing to Ms. Whitlock as the source of the leaked information. The district court denied the motion and granted summary judgment in favor of Walgreen. On appeal, Ms. Touhy challenges both decisions. Because the district court acted within its discretion in finding Ms. Touhy’s discovery requests overly broad or adequately answered, and because the district court correctly determined that no admissible evidence could provide a basis for a reasonable jury to conclude that Ms. Whitlock had disclosed Ms. Touhy’s health information, we affirm.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Litigation Associate


A well-respected regional law firm that has represented businesses in Tampa Bay for decades is seeking a commercial litigation associate to ...


Apply Now ›

Plaintiff Personal Injury/Medical Malpractice Paralegal


New Haven law firm has an immediate opening for an experienced Plaintiff Personal Injury/Medical Malpractice Paralegal for a litigation prac...


Apply Now ›

ATTORNEY


Cornell, Merlino, McKeever & Osborne, LLC, a boutique 10 attorney law firm specializing in school law, and located in Westfield, New Jer...


Apply Now ›

MONTGOMERY MCCRACKEN WALKER & RHOADS LLP

08/15/2022
NJLJ Web

Montgomery McCracken Walker & Rhoads LLP wants to announce the Happy Retirement, Honorable Joel Rosen!


View Announcement ›

DEASEY, MAHONEY & VALENTINI, LTD.

08/08/2022
TLI Web

DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.


View Announcement ›

PARRETT, PORTO, PARESE & COLWELL, P.C.

08/08/2022
CLT Web

Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.


View Announcement ›