Legal Opinion

SER Healthport Technologies and CAMC v. Hon. James C. Stucky, Judge

West Virginia Supreme Court

Decided May 24, 2017No. 17-0038PublishedCited by 17 opinions

1Opinion of the Court

Justice Ketchum:

In this case, a law firm paid an invoice for a copy of a client’s medical records. The law firm alleges the per-page-fee for those records was excessive under state law. However, the law firm filed a lawsuit in circuit court over the invoice in the name of the client. As we find below, because the client did not pay the invoice and has suffered no personal loss caused by the allegedly illegal fee, the client cannot show an injury in fact. The client, therefore, did not have standing to pursue the lawsuit. Consequently, we grant a writ of prohibition and direct the circuit…

2Cases cited13 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  3. Texas v. United StatesSupreme Court of the United States · 1998
  4. Barrows v. JacksonSupreme Court of the United States · 1953
  5. State Ex Rel. Peacher v. SencindiverWest Virginia Supreme Court · 1977

8 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. SER WVU Hospitals, Inc. and WV United Health System v. Honorable Phillip D. GaujotWest Virginia Supreme Court · 2019
  2. Alexander Fleming, Carole Carter, Carol Gallant, Barbara Humes, and Benjamin Buckley v. Mitch Carmichael, in his Official Capacity as Secretary of the West Virginia Department of Economic Development, and Mike Graney, in his Official Capacity as Executive Director of the West Virginia Department of Economic DevelopmentIntermediate Court of Appeals of West Virginia · 2024
  3. Alley Cat Allies Incorporated v. Berkeley County Animal Control and County Council of Berkeley CountyWest Virginia Supreme Court · 2024
  4. Craig Blair, President of the West Virginia Senate, Roger Hanshaw, Speaker of the West Virginia House of Delegates, and James C. Justice, II, Governor of the State of West Virginia v. Sam Brunett and Robert McCloud<West Virginia Supreme Court · 2023
  5. Robert D. Fisher v. West Virginia Legislature and Mineral County Office of ProsecutorIntermediate Court of Appeals of West Virginia · 2025

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