During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328, at *2-7 (2d Cir. Apr. 26, 2021), the Court of Appeals for the Second Circuit approved of the District Court's dismissal on Art. III grounds of an ID Theft class action that the parties had settled and were seeking court approval of. The underlying proceedings were… Read More
In In re Brinker Data Incident Litig., No. 3:18-cv-686-TJC-MCR, 2021 U.S. Dist. LEXIS 71965, at *3-5 (M.D. Fla. Apr. 14, 2021), Judge Corrigan certified a class in a data breach class action. The facts were as follows: The Court has detailed the facts of this case in prior orders (Docs. 65, 92, 122), but several new facts have come to… Read More
In Calhoun v. Google, LLC, Judge Koh allowed part of a claim against Google to proceed based Google Chrome's sharing of data with Google. Plaintiffs are users of Google’s Chrome browser who allege that they “chose not to ‘Sync’ their [Chrome] browsers with their Google accounts while browsing the web . . . from July 27, 2016 to the present.”… Read More
In Tsao v. Captiva MVP Rest. Partnres, Ltd. Liab. Co., No. 18-14959, 2021 U.S. App. LEXIS 3055 (11th Cir. Feb. 4, 2021), the Court of Appeals for the 11th Circuit held that a data theft victim had no Articile III standing. We begin with Tsao's theory that he has Article III standing because he faces a "substantial risk of identity… Read More
On February 2, 2021, Judge Susan Van Keulen, in the Northern District of California, denied in part and granted in part Defendant's Motion to Dismiss. Flores-Mendez et al v. Zoosk, Inc. et al. (N.D. CA; 3:20-cv-04929-WHA). Evaluating Article III standing based on Plaintiff's consent to Defendant's online privacy policy and terms of use, the Court held that: [i]f “the contract language… Read More
On January 12, 2021, Judge David O. Carter granted Marriott’s Motion to Dismiss and dismissed the case, including Plaintiffs’ CCPA claim based on lack of standing. Rahman v. Marriott International, Inc., et al. (C.D. CA; 8:20-cv-00654), here, “Plaintiff alleges that class members were victims of a cybersecurity breach at Marriott when two employees of a Marriott franchise in Russia accessed… Read More
In Stasi v. Inmediata Health Grp. Corp., No. 19cv2353 JM (LL), 2020 U.S. Dist. LEXIS 217097 (S.D. Cal. Nov. 19, 2020), Judge Miller allowed a data security breach class action to proceed. The basis of the class action was as follows: According to Plaintiffs' FAC,1 Inmediata provides billing and health record software and service solutions to healthcare providers. (FAC ¶¶… Read More
In Foster v. Health Recovery Servs., No. 2:19-CV-4453, 2020 U.S. Dist. LEXIS 186508 (S.D. Ohio Oct. 7, 2020), Judge Marbley found that at least one claim of damages for a data breach victim satisfied Art. III standing. In a recent data breach case brought pursuant to the FCRA, the [*14] Third Circuit examined both the congressional judgment and common law factors… Read More
In Kylie S. v. Pearson Plc, No. 19 C 5936, 2020 U.S. Dist. LEXIS 133299 (N.D. Ill. July 28, 2020), Judge Lee dismissed a data breach class action for absence of Article III standing. The facts were as follows: Sometime in late 2018, hackers penetrated AIMSweb's defenses and gained access to the data stored on the platform. Am. Compl. ¶… Read More
In Jantzer v. Elizabethtown Cmty. Hosp., No. 8:19-cv-00791 (BKS/DJS), 2020 U.S. Dist. LEXIS 83207 (N.D.N.Y. May 12, 2020), Judge Sannes dismissed a data breach class action for lack of standing. The facts were as follows: UVM Health is Vermont Corporation headquartered in Burlington, Vermont that consists of a "six-hospital and home health & hospice system" located in "Vermont and northern… Read More
