Background

• Doe sues Guthrie Defendants over confidential medical information disclosure at Guthrie Clinic Steuben; claim for breach of fiduciary duty of confidentiality against medical corporations for a non-physician employee's ultra vires act.
• Stalbird, a Clinic nurse, texted six messages about Doe's STD to his girlfriend’s sister; Clinic fired her and notified Doe of disclosure.
• Doe's eight claims include fiduciary breach, contract, negligent hiring, and emotional distress; the District Court dismissed all under Rule 12(b)(6).
• Doe appeals challenging dismissal of the fiduciary-duty claim; defendants argue no direct corporate liability for non-physician ultra vires disclosures.
• The panel certifies a determinative New York law question to the New York Court of Appeals and stays resolution on that issue; remaining claims are addressed in a separate order.

Issues

Key Cases Cited

• Doe v. Guthrie Clinic, Ltd., 709 N.Y.S.2d 215 (3d Dep't 2000) (direct corporate liability recognized by Third Department in limited form)
• Burton v. Matteliano, 916 N.Y.S.2d 438 (4th Dep't 2011) (recognizes physician fiduciary duty; not directly on corporate liability for non-physician disclosure)
• Tighe v. Ginsberg, 540 N.Y.S.2d 99 (4th Dep't 1989) (early physician fiduciary duty authority)
• N.X. v. Cabrini Med. Ctr., 765 N.E.2d 844 (N.Y. 2002) (addressed physician conduct; not clearly extending to non-physician corporate liability for confidentiality)
• Doe v. Guthrie Clinic, Ltd., 2012 WL 531026 (W.D.N.Y. 2012) (district decision cited regarding scope of employment; not controlling authority)