R
resjudicata
Guest
- Jurisdiction
- Maine
I'm involved in a somewhat complex case.
I'm a physician and my ex-wife sued me in Maine for allegedly looking at her medical records under Maine Statues. The case included 4 counts (invasion of privacy, maine medical records statute, california computer access statute and intentional infliction of emotional distress). A motion to dismiss was filed and invasion of privacy and the california law were dismissed.
One day before our MTD was ruled on, my wife along with her mother and father sued me and my father (also a physician) in Maryland for Invasion of Privacy, IIED, and a Maryland Medical Records statutory claim.
They voluntarily dismissed IIED with prejudice in both Maryland and Maine. We filed for summary judgement in Maine on the last remaining claim (the Maine medical records statute).
They have asserted that the Maryland case and the Maine case are different because in Maine they are claiming only events that occurred in Maine and in Maryland they are claiming only events that occured in Maryland.
Assume for arguments sake that they have jurisdiction in both states.
I we win on summary judgement in Maine thus meaning that all of there claims in Maine are dismissed what will the Res Judicata effect be in the Maryland case?
It strikes me that they have split there cause of action by voluntarily suing in Maine for things that happened in Maine and Maryland for things that happened in Maryland and accordingly Res Judicata would apply (at least to my ex-wife against me) as my understanding is that Res Judicata applies to all claims that you brought or COULD HAVE brought.
My question in part is whether you can bring a lawsuit in one state using the laws of another state. Specifically, could she have sued me for looking at her medical records in Maryland (using the Maryland Statute) in Maine court? Will she be able to argue that she couldn't have sued me in Maine for all of the events because she couldn't bring a claim in Maine using the Maryland law?
I have good lawyers looking at this but this is such an unusual scenario that I think everyone is a bit confused.
Many thanks for your input.
I'm a physician and my ex-wife sued me in Maine for allegedly looking at her medical records under Maine Statues. The case included 4 counts (invasion of privacy, maine medical records statute, california computer access statute and intentional infliction of emotional distress). A motion to dismiss was filed and invasion of privacy and the california law were dismissed.
One day before our MTD was ruled on, my wife along with her mother and father sued me and my father (also a physician) in Maryland for Invasion of Privacy, IIED, and a Maryland Medical Records statutory claim.
They voluntarily dismissed IIED with prejudice in both Maryland and Maine. We filed for summary judgement in Maine on the last remaining claim (the Maine medical records statute).
They have asserted that the Maryland case and the Maine case are different because in Maine they are claiming only events that occurred in Maine and in Maryland they are claiming only events that occured in Maryland.
Assume for arguments sake that they have jurisdiction in both states.
I we win on summary judgement in Maine thus meaning that all of there claims in Maine are dismissed what will the Res Judicata effect be in the Maryland case?
It strikes me that they have split there cause of action by voluntarily suing in Maine for things that happened in Maine and Maryland for things that happened in Maryland and accordingly Res Judicata would apply (at least to my ex-wife against me) as my understanding is that Res Judicata applies to all claims that you brought or COULD HAVE brought.
My question in part is whether you can bring a lawsuit in one state using the laws of another state. Specifically, could she have sued me for looking at her medical records in Maryland (using the Maryland Statute) in Maine court? Will she be able to argue that she couldn't have sued me in Maine for all of the events because she couldn't bring a claim in Maine using the Maryland law?
I have good lawyers looking at this but this is such an unusual scenario that I think everyone is a bit confused.
Many thanks for your input.
