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· 12/9/2009

Fanean v. RITE AID CORP. OF DELAWARE, INC.

Citations

  • 984 A.2d 812
  • 2009 WL 4842461

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing anxiety and depression as physical injuries and denying motion to dismiss
  • finding that allegations of depression and anxiety are recoverable physical injuries
  • reaffirming the Court’s earlier decision that the plaintiff could not raise a negligence per se claim under HIPAA
  • denying motion to dismiss intentional infliction of emotional distress claim, despite plaintiff’s absence, where defendant pharmacy disclosed plaintiff’s confidential health information to plaintiff’s relatives, directly causing emotional damage to plaintiff
  • “The deciding factor is whether the employer had or should have had knowledge of the necessity to exercise control over its employee.”
  • “[T]he focus of this tort is on the intrusion.

Source: CourtListener parenthetical corpus (CC0).

Judges: Herlihy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.