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Court of Appeal (Cal.) Kills CMIA Data Breach Class Actions

by Scott J. Hyman |

In Vigil v. Muir Med. Grp. Ipa, No. A160897, 2022 Cal. App. Unpub. LEXIS 5858, at *17-32 (Sep. 26, 2022), the California Court of Appeal affirmed denial of class certification in a CMIA data breach case because each classmember would have to prove that an unauthorized party viewed the confidential information.  The data breach facts were as follows.  Muir is… Read More

District Court (Cal.) Applies Arbitration Clause Only to Product Purchasers in Data Sharing Case; Non-Purchasers Whose Data Was Gathered or Shared Need Not Arbitrate

by Scott J. Hyman |

In In re Ring LLC Privacy Litig., No. CV 19-10899-MWF (RAOx), 2021 U.S. Dist. LEXIS 118461, at *8 (C.D. Cal. June 24, 2021), Judge Fitzgerald ordered the purchasers' claims to arbitration, but not so for the non-purchasers whose data allegedly was improperly gathered and/or shared.  The allegations were that The FAC alleges that Ring's security systems were defectively designed without… Read More

District Court (Cal.) Says CCPA Data Breach Claims Still Subject to Art. III Standing Requirements Where Information Obtained Lacks the Degree of Sensitivity Required by the Ninth Circuit to Establish Injury in Fact

by Genevieve R. Walser-Jolly |

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

District Court (Cal.) Allows Data Breach Class Action to Proceed

by Scott J. Hyman |

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

District Court (Ohio) Certifies Data Breach Class by Credit Card Issuers Against Restaurant

by Scott J. Hyman |

In In re Sonic Corp. Customer Data Breach Litig. Fin. Insts., No. 1:17-md-02807-JSG, 2020 U.S. Dist. LEXIS 204169 (N.D. Ohio Nov. 2, 2020), Judge Gwin certified a data breach class.  The facts were as follows: Between April 7, 2017, and October 28, 2017, hackers used malware installed on point-of-sale systems at 762 Sonic restaurants to steal sales transaction payment card… Read More