38 results for 'cat:"Negligence" AND cat:"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. Deahl upholds the trial court's finding for the district on a resident's putative class claim that its use of red ink on its pre-addressed payment return envelopes increased failed delivery rates, which led to the assessment of late payment fees. She fails to show the use of red ink is what caused the mail to not be delivered. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 28, 2024, Case #: 22-CV-0567 , Categories: negligence, class Action
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J. Dooley denies the firearm manufacturers' motion to dismiss for lack of standing, ruling that while the customers' Social Security numbers were not stolen in the data breach, the theft of credit card information - used to make several fraudulent purchases - is sufficient to establish a concrete injury and the threat of imminent harm. However, because the consumers' negligence claim is identical to the contract claim and does not cite any property damage sustained as a result of the manufacturer's negligence, that claim is barred by the economic loss doctrine and must be dismissed.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 27, 2024, Case #: 3:22cv1233, NOS: Other Contract - Contract, Categories: Consumer Law, negligence, class Action
J. Jones grants the employer's motion to dismiss with respect to a breach of contract claim in a class action brought by the employee arising from a data breach in which hackers accessed current and former employees' personal information. The employee failed to show that the employer indicated an intention in any document to protect his personal information. However, the motion is denied as to the class's negligence claims. The employee plausibly alleged that the hack and the type of stolen information raise a risk of identity theft and that a substantial and imminent risk of future harm exists.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: February 9, 2024, Case #: 1:22cv3640, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, class Action, Contract
J. Vratil denies a group of consumers who purchased bonded abrasive discs from an electrical tool company's motion for class certification. The electrical tool company, which may have failed to place a warning label on its products, showed in court that the consumer failed to meet class action requirements.
Court: USDC Kansas, Judge: Vratil, Filed On: December 7, 2023, Case #: 2:23cv2028, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: negligence, Product Liability, class Action
J. Rosenstengel denies a crop protection manufacturer's motion to compel compliance with a third- party subpoena. A class of civilians, who suffer from Parkinson's disease due to exposure of herbicide paraquat, sufficiently showed in court that the crop protection manufacturer is not entitled to review documents, and work papers written by a neurologist.
Court: USDC Southern District of Illinois, Judge: Rosenstengel, Filed On: December 4, 2023, Case #: 3:23cv3204, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, Experts, class Action
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. Jarbou dismisses class claims as brought against the city of Benton Harbor in which plaintiffs contend they drank water containing lead, bacteria, and other contaminants because plaintiffs failed to establish state or city defendants engaged in “conscience-shocking conduct” to support violation of bodily integrity claims.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:22cv475, NOS: Environmental Matters - Other Suits, Categories: Water, negligence, class Action
J. Lipman grants a motion to intervene filed by the State of Arkansas in this consolidated class action alleging that Family Dollar negligently sold products that had been "contaminated by a rodent infestation." The allegations pertain to a distribution center located in West Memphis, Arkansas, and the state's motion to intervene is timely. Also, the state has a legal interest in the case, specifically as to enforcement of the Arkansas Deceptive Trade Practices Act.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 30, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, negligence, class Action
J. Leinenweber dismisses a Medicaid benefits class action, finding the class members’ claims became moot in November 2022. The suing nursing home residents were approved to receive Medicaid benefits, but were nevertheless charged directly for their nursing care allegedly because the Illinois Department of Healthcare and Family Services rejected a separate set of their nursing home resident-specific paperwork. Regardless of the substance of their class Medicaid claims, the court finds the named class representatives lack standing as they have had no outstanding healthcare invoices since November 2022.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 29, 2023, Case #: 1:22cv63, NOS: Other Statutory Actions - Other Suits, Categories: Medicaid, negligence, class Action
J. Polster denies Kroger's motion to exclude the expert witness's testimony, ruling his opinions on the results of several surveys of Ohio pharmacists - specifically, whether there were concerns about dispensing opioids - are not contradictory. Although he admits there were not specific questions about opioids, the answers about general concerns regarding dispensation of prescriptions indicate concern about the subset of opioid medications at issue in this lawsuit.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: August 18, 2023, Case #: 1:17md2804, NOS: Other Personal Injury - Torts - Personal Injury, Categories: negligence, Experts, class Action
J. Grant finds that the district court properly dismissed the customers' putative negligence, civil conspiracy and breach of fiduciary duty class action arising after Robinhood restricted their ability to buy shares of "meme stocks." The customers' agreement with Robinhood gave the company the right to restrict their ability to trade securities and to refuse to accept transactions or execute trade requests for any reason. Robinhood also had no duty not to cause economic loss to the customers and the customers failed to allege that the company took specific actions to intentionally cause harm. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: August 10, 2023, Case #: 22-10669, Categories: Fiduciary Duty, negligence, class Action
J. Tjoflat finds that the district court improperly granted class certification in a negligence and unfair business practices action brought by customers against the owner of Chili's restaurants arising from a cyberattack in which customer credit and debit cards were compromised. Two of the three named customers visited the restaurant outside the at-risk timeframe and therefore fail to allege that their injuries were traceable to the owner's action. Vacated in part.
Court: 11th Circuit, Judge: Tjoflat, Filed On: July 11, 2023, Case #: 21-13146, Categories: negligence, Business Practices, class Action