A woman who claims a romantic rival leaked the results of her herpes test is now asking that the pro hac vice status of defendant Quest Diagnostics Inc.'s attorney be revoked.
Plaintiff Jane Doe filed a motion May 25 asking that Madison County Circuit Judge William Mudge to revoke the standing given to St. Louis-based attorney Robert Bernstein because his license to practice law in Missouri has been suspended.
Pro hac vice standing means that an attorney is granted temporary standing to represent a client in a place where they are not licensed to practice law.
Jane Doe is suing Quest and Maureen Sackmann for damages in excess of $350,000, attorney's fees and costs.
Jane Doe alleges that Sackmann was seeing the same man as the plaintiff. While Sackmann worked at Quest, she allegedly accessed Jane Doe's herpes test results and revealed them to the man. He is identified in court records as John Doe.
The defendants deny the claims.
Sackmann has also filed a third-party complaint against John Doe.
Mudge entered a protective order in the case in September 2010.
Jane Doe moved for the order citing concerns about personal privacy and protecting the identities of family members after media outlets such as the Madison County Record and St. Louis-based television stations began reporting on the case.
A number of motions in the suit were filed under seal earlier this month.
Mudge also has some matters under advisement.
According to the May 25 filing, Bernstein had represented in his pro hac vice application he
had not been suspended and that he was an attorney in good standing with the state of Missouri.
Mudge granted the pro hac vice standing May 3, 2010.
However, according to the May 25 motion, Bernstein's license was suspended May 7, 2010.
Jane Doe claims that Bernstein failed to notify her attorney or the court of the suspension.
The plaintiff asks Mudge to revoke the pro hac vice standing due to the suspension.
Michael Schwade represents Sackmann.
Emily Johnson represents Jane Doe.
L. Allison McKeel represents Quest as does Bernstein.
The case is Madison case number 10-L-101.