Negligence

In In re Sonic Corp. Customer Data Sec. Breach Litig., No. 1:17-md-2807, 2020 U.S. Dist. LEXIS 114891 (N.D. Ohio July 1, 2020), Judge Gwin allowed a negligence claim to stand in a data breach case against Sonic.  The facts were as follows. Sonic restaurants are largely franchisee-owned. Sonic Defendants only directly own about 6% of Sonic restaurants. However, Sonic exerts… Read More

In Sarrouf Law LLP v. First Republic Bank, 97 Mass. App. Ct. 467, 471-79 (2020), the Massachusetts Court of Appeals held that a law firm's negligence action against its bank arising out of the dishonor of funds the firm deposited in the bank due to the fraud of a client was properly dismissed because the bank had no duty to detect… Read More

In Vega v. CarMax Auto Superstores, LLC, 2018 WL 3216347, at *5 (Cal.App. 2 Dist., 2018), the Court of Appeal held in an unpublished decision that a son, whose mother purchased a vehicle for him, could not recover for economic loss and personal injuries sustained when the vehicle he drove malfunctioned and had an accident, causing him personal injury and… Read More

In Geismar v. Owen Loan Servicing, LLC., 2018 WL 276813, at *4 (N.D.Cal., 2018), Judge Corely tired of waiting for the DC Circuit to issue its decision in the ACA Int'l proceedings and lifted a stay, but granted a lender's motion to dismiss a common law negligence claim that was filed as  corollary to a TCPA claim. The Court recognizes that some California federal… Read More

In Montegna v. Ocwen Loan Servicing, LLC, 2017 WL 4680168, at *8–9 (S.D.Cal., 2017), the District Court found that a Rosenthal Act claim survived a statute of limitations challenge based on the plaintiff's allegation of a "continuing violation". Second, as for Plaintiff's claim under the Rosenthal Act, the applicable statute of limitations provides a plaintiff a year from an alleged violation to… Read More

In Varnado v. Midland Funding LLC, --- F.Supp.2d ----, 2014 WL 1994622 (N.D.Cal. 2014), Judge Ryu found that the Plaintiff stated no claim for negligent infliction of emotional distress against a debt collector nor any claim for punitive damages.  Judge Ryu found, however, that a claim for intrustion on seclusion was stated.  Judge Ryu found that debt collectors do not… Read More

In Sepehry-Fard v. Department Stores National Bank, 2013 WL 6574774 (N.D.Cal. 2013), Judge Orrick, among other things, found that a debtor had failed to properly plead negligence and TCPA claims against his credit card company.  As to Negligence, Judge Orrick found: In his negligence cause of action, plaintiff alleges that the Financial Entities harassed, intimidated and trespassed on plaintiff and… Read More

In Paul v. Providence Health System-Oregon, --- P.3d ----, 2010 WL 3894650 (Or.App. 2010), the Oregon Court of Appeal rejected a claim by approximately 365,000 individuals whose unencrypted records containing personal, medical, and financial information were stolen from the car of one of defendant's employees.  Plaintiffs alleged that defendant had negligently failed to safeguard those records.   Plaintiffs sought injunctive relief… Read More

In Ruiz v. Gap, Inc. Ruiz v. Gap, Inc. 2010 WL 2170993 (9th Cir. 2010), the Court of Appeals for the Ninth Circuit found speculative Plaintiff’s claims of fear of future identity theft based on theft of a laptop computer that contained the Plaintiff’s social security number. The Court of Appeals explained, in an unpublished opinion, that:   The district… Read More

In Hariton v. Chase Auto Finance Corp., 2d, 2010 WL 3075609 (C.D.Cal. 2010), Judge Matz granted summary judgment for an automobile finance company who was sued under FCRA and for negligence in their reporting of their customer’s account.    Whether damages are or are not an element of a FCRA claim depends on whether the noncompliance was willful or negligent.… Read More