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1. “Egregious” Disclosures by Hospital of Patients’ HIV Information in Violation of HIPAA Privacy Rule Requires $387,200 Payment to the U.S Department of Health and Human Services

   St. Luke’s- Roosevelt Hospital Center (“St. Luke’s”), located in New York City, entered into a Resolution Agreement, dated May 8, 2017 (the “ Agreement ”) with the U.S. Department of Health and Human Services (“HHS”), to resolve potential violations of th ...

   admin - 7/6/2017 2:04pm

2. State v. Davis, 2017-Ohio-733 (2017).

   The Court of Appeals for the Seventh District of Ohio affirmed the sentence of a woman living with HIV (“the appellant”) who pled guilty to two counts of felonious assault after having sex with two men without disclosing her HIV status. The State sought f ...

   admin - 6/8/2017 2:46pm

3. Velasquez-Banegas v. Lynch, 2017 U.S. App. LEXIS 981 (7th Cir. Jan. 19, 2017)

   The United States Court of Appeals for the Seventh Circuit (the Court) vacated the decisions of an immigration judge (IJ) and the Board of Immigration Appeals (BIA), holding that their denial of Velasquez-Banegas’ (petitioner) application for asylum overl ...

   admin - 5/1/2017 11:03am

4. Rodriguez-Alvarez v. Municipality of Juana Diaz, 2017 U.S. Dist. LEXIS 23342 (D. P.R., Feb. 17, 2017)

   The United States District Court for the District of Puerto Rico denied summary judgment for the defendants in an employment discrimination case, allowing the case to proceed and be decided on the merits. Rodriguez-Alvarez, a person living with HIV (PLHIV ...

   admin - 5/1/2017 11:02am

5. Clayton v. Michigan Department of Corrections, 2016 U.S. Dist. LEXIS 170366 (W.D. Mich. Dec. 9, 2016)

   Clayton, a prisoner living with HIV, filed a civil rights action under §1983 against the Michigan Department of Corrections (“MDOC”) and others, including medical staff contractors, in the United States District Court for the Western District of Michigan. ...

   admin - 4/10/2017 5:53pm

6. Debaun v. State of Florida, No. SC13-2336 (FL Sup.St. March 16, 2017)

   In an important decision on Florida’s criminal HIV exposure statute, Public Health §384.24(2), the Supreme Court of Florida ruled that “sexual intercourse,” as used in the statute, includes not only penile-vaginal intercourse, but also includes oral and a ...

   admin - 3/17/2017 5:35pm

7. EEOC v. Granite Mesa Health Center LTD., No. 1:16-cv-01113-LY (W.D. Texas, consent decree signed Feb. 8, 2017)

   ...

   admin - 3/16/2017 3:04pm

8. Rodriguez-Alvarez v. Municipality of Juana Diaz, Civil Action No. 14-01924-WGY (D. P.R., Feb. 17, 2017).

   A federal trial judge refused to dismiss a former employee’s ADA case against her municipal employer who radically and negatively altered her working situation shortly after she informed them that she had been diagnosed with HIV. Evidence of discriminatio ...

   admin - 3/14/2017 6:06pm

9. Administrative Judges Hearing Social Security HIV Disability Claims Shouldn't Play Doctor: ABIGAIL HERNANDEZ v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, 2016 U.S. Dist. LEXIS 172454 (N.D. Ill. Dec. 14, 2016)

   [The following summary is excerpted from LGBT Law notes, The LeGaL Foundation of the LGBT Bar Association of Greater New York, January 2017, with thanks to Professor Arthur S. Leonard, New York Law School, Founder/Editor-in Chief, of LGBT Law Notes.] A wo ...

   admin - 1/31/2017 5:18pm

10. State of Missouri v. Michael L. Johnson, Mo. Ct. of Appeals, E.D., No. ED 103217 (Dec. 20, 2016)

    On December 20, 2016, the Missouri Court of Appeal reversed the conviction of Michael Johnson and remanded this case for a new trial.  The court reversed the judgment of the trial court based on the state’s failure to comply with Johnson’s discovery reque ...

    admin - 12/20/2016 3:57pm

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