Cohan v. Circuit Court (Ayabe)Annotate this Case
Richard Cohan sued Marriott Hotel Services and RRB Restaurants for damages he incurred when he was injured at a restaurant at Marriott’s. The case was placed in the Court Annexed Arbitration Program. Marriott asked Cohan to sign authorizations to obtain medical and employment records, but Cohan refused. Marriott subsequently moved for an order compelling Cohan to sign the authorizations so it could obtain the records via subpoena. The arbitrator ordered Cohan to sign the authorizations as well as a qualified protective order. The order, however, did not limit the use or disclosure of Cohan’s health information to the underlying litigation. The Honorable Bert Ayabe, the arbitration judge, affirmed the arbitrator’s decision. Petitioner subsequently filed a petition for writ of mandamus. The Supreme Court granted the petition and ordered Judge Ayabe to vacate the order affirming the arbitration decision and order that the qualified protective order and the authorizations for release of medical records be revised consistent with this opinion, holding that the privacy provision of Haw. Const. art. I, 6 protected Cohan’s health information against disclosure outside the underlying litigation.