20 results for 'cat:"Negligence" AND cat:"Privacy"'.
J. Welte grants in part and denies in part an accounting firm's motion to dismiss an amended complaint in a class action concerning a privacy and data breach. There is an alleged risk of harm and injury in fact as to the stolen personal information that is sufficient to have standing and to survive a motion to dismiss, but the claim for negligence per se is dismissed. Additionally, the class added a member without leave of the court to do so. However, the accounting firm has not been prejudiced by the addition.
Court: USDC North Dakota , Judge: Welte, Filed On: May 22, 2024, Case #: 3:23cv176, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, privacy, Class Action
J. Strand denies a credit union summary judgment in class claims stemming from a security breach because the class plausibly alleged the credit union owed, and breached, a duty of reasonable care to protect their personal information from a cyber hack.
Court: USDC Northern District of Iowa, Judge: Strand, Filed On: May 9, 2024, Case #: 6:23cv2048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, privacy, Class Action
J. Westmore allows a single negligence claim to proceed against X Corp. in a class privacy dispute stemming from a 2022 data breach. X is shielded from the bulk of the contract and unjust enrichment claims by the Terms of Service agreement between it and its users, thought those claims are tossed with leave to amend in the event that users can prove the Terms of Service are "unconscionable." A negligence claim is allowed to survive at this stage, but its future survival is also predicated on the ability to prove that the Terms of Service are void.
Court: USDC Northern District of California, Judge: Westmore, Filed On: March 29, 2024, Case #: 4:23cv186, NOS: Other Contract - Contract, Categories: negligence, privacy, Class Action
J. Vance denies a property manager’s request to strike a former tenant’s claim he violated Louisiana law by failing to notify him for almost one year that his social security number and other personal data had been stolen, resulting in major corporations pursuing him for fraudulent purchases. The ex-landlord argues the former tenant knew his allegations were false based on correspondence between the litigants’ attorneys that included letters to the state’s attorney general. However, the correspondence does not clearly show the ex-tenant's state law claim is defective.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: February 15, 2024, Case #: 2:23cv1450, NOS: Other Contract - Contract, Categories: Fiduciary Duty, negligence, privacy
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J. Davila allows negligence claims to survive against Accellion stemming from two data breach incidents. The company was aware of some security vulnerabilities in its software prior to the breaches, and by not fixing them in time, the company breached its special duty of care to customers. A series of other contract and privacy claims are tossed for not showing that the company was acting in a "highly offensive" manner, though they may be amended.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 29, 2024, Case #: 5:21cv1155, NOS: Other Statutory Actions - Other Suits, Categories: negligence, privacy
J. Daniel partially grants a nonprofit health care services organization’s motion to dismiss negligence, breach of contract and fraud claims brought by two of the nonprofit’s former patients. The patients brought the claims in response to a 2022 data breach of the nonprofit’s patient database that exposed their personal info to unknown individuals. Of all the claims, the court finds that only the patients’ negligence claim is sufficiently alleged to survive dismissal.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: January 17, 2024, Case #: 1:23cv1108, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, negligence, privacy
J. Kuntz enters judgment in favor a Colombian au pair on her hostile work environment and constructive discharge claims against a Staten Island family, whom she sued for liability after discovering the husband secretly installed a security camera, disguised as a smoke detector, on the ceiling of her bedroom to film her without her knowledge and then reported him to the authorities. The husband’s plea deal in his state court criminal case precluded the family from arguing against liability under collateral estoppel. The court further denies, in part, the au pair program’s motion for summary judgment, preserving her employment discrimination claims for trial while dismissing her aiding and abetting, interference and negligence claims.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: December 13, 2023, Case #: 1:21cv5237, NOS: Employment - Civil Rights, Categories: negligence, privacy, Employment Discrimination
J. Conrad declines to dismiss certain claims in which plaintiffs contend a hospital provided their sensitive medical information to the owner of Facebook because plaintiffs sufficiently pleaded common law negligence due to the hospital's mishandling of their confidential information.
Court: North Carolina Business Court, Judge: Conrad, Filed On: December 5, 2023, Case #: 2023NCBC82, Categories: negligence, privacy
J. Pritzker finds that the lower court should have dismissed claims contending a patient's medical records had been accessed "out of spite" in a family squabble because the records had not been accessed where the patient received treatment. Thus, the practice was not liable for failing to foresee these actions or for failing to supervise the employee. Affirmed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 22, 2023, Case #: 535915, Categories: negligence, privacy
J. Cole denies, in part, the vision benefits company's motion to dismiss, ruling the increase in spam calls to policyholders involved in the data breach is a concrete injury directly traceable to the company's failure to maintain adequate security protocols and grants the class standing to pursue its negligence and contract claims.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 29, 2023, Case #: 1:21cv36, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: negligence, privacy, Class Action
J. Rush finds that the trial court improperly ruled in privacy claims because evidence remains in dispute regarding whether plaintiff's private medical information had been disclosed to another person in a manner that such could become public knowledge. While negligence claims may also move forward, plaintiff is not entitled to recover damages for emotional distress. Reversed in part.
Court: Indiana Supreme Court, Judge: Rush, Filed On: September 25, 2023, Case #: 23S-CT-116, Categories: negligence, Emotional Distress, privacy
J. Stearns partially grants a pharmacy's motion to dismiss a class action brought against it by customers relating to an alleged data breach that exposed their personally identifiable information, including their social security numbers and credit card information. The customers make a plausible negligence claim but fail to adequately substantiate that the pharmacy had a contractual obligation to more securely protect their data. Their unjust enrichment claim is also unsupported because they shouldn't expect that part of the cost of their pharmaceutical services was data security.
Court: USDC Massachusetts, Judge: Stearns, Filed On: September 12, 2023, Case #: 1:22cv10797, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, negligence, privacy
J. Sabraw rules that a consumer may pursue some claims against Wells Fargo for allegedly failing to prevent an unknown person from accessing his bank account and funneling over $5,000 of funds that the culprit used to make purchases. The consumer's California Consumer Privacy Act claim can move forward based on his allegations that he suffered unauthorized access and disclosure of his personal information. The consumer's negligence claim based on his loss of time and emotional distress can also move forward, but his negligence claim based on economic losses is precluded by the economic loss doctrine.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 9, 2023, Case #: 3:23cv617, NOS: Other Contract - Contract, Categories: negligence, privacy, Banking / Lending
J. Doyle finds that the trial court properly ruled in favor of the ex-wife in an invasion of privacy, negligence and intentional infliction of emotional distress action brought by the ex-husband. The action arose after the ex-wife filmed a disagreement over whether she could take their child home with her while the ex-husband was intoxicated. The trial court correctly found that the ex-wife's decision to record the ex-husband, which was obvious to him at the time, was not egregious in light of her interest in the child's welfare. The ex-wife only shared the recording with her attorney to pursue custody modification. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 21, 2023, Case #: A23A0274, Categories: negligence, Emotional Distress, privacy