Essent PRMC, L. P. v. John Does 1-10, No. 76357 (Tex. Dist. Ct., 62nd Dist. (Lamar County) filed June 19, 2007).
Status: Pending; request to identify anonymous blogger re-filed
The corporate owner of the Paris Regional Medical Center in Paris, Tex. sued the blogger who goes by the alias Frank Pasquale and “fac_p,” and posts to a blog named “the-paris-site” (the-paris-site.blogspot.com), alleging defamation and violations of patient privacy provisions of the Health Insurance Portability and Accountability Act (HIPPA). Posts on the blog accused the hospital of various improprieties, including Medicare fraud. As part of the suit, the hospital subpoenaed the blog owners’ Internet service provider to reveal the blogger’s name. The trial court granted that request, but an appeals court held that Essent must meet a higher standard of proof before it could discover the blogger’s identity. In Re Does 1-10, 242 S.W.3d 805 (Tex. App.-Texarkana Dec. 12, 2007). The result is that Essent was permitted to renew its request after it obtains more.information; the motion is still pending.
Links and Court Documents:
Docket: http://68.89.102.225/Scripts/UVlink.isa/lamar/WEBSERV/CivilSearch?action%253Dview%26track%253D65369
Appellate decision denying disclosure: http://www.6thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=9055
http://www.cyberslapp.org/cases/page.cfm?pageID=76
http://www.chron.com/disp/story.mpl/metropolitan/5377838.html
http://www.theparisnews.com/story.lasso?ewcd=682838f39bee1784
http://www.theparisnews.com/story.lasso?ewcd=07f53629d08b1219
http://www.theparisnews.com/story.lasso?ewcd=acbc503b3da6c582
http://www.statesman.com/news/content/news/stories/local/09/21/0921blogsuit.html?cxtype=rss&cxsvc=7&cxcat=52
http://chron.com/disp/story.mpl/metropolitan/5149745.html
http://theparisnews.com/story.lasso?ewcd=4f11e481650ad4cd
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