News & Analysis as of

Class Action Data Breach Class Certification

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Troutman Pepper

Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast

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In this episode of The Consumer Finance Podcast, Chris Willis is joined by Partners Ron Raether and Tim St. George to discuss a landmark victory in a major data breach class action multidistrict litigation. The team delves...more

Alston & Bird

Class Action & MDL Roundup 2024 Q1 – Reaching Across the Pond

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2024. In this edition, UK High Court weighs in on information asymmetry, debit is better than credit,...more

Pierce Atwood LLP

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class...

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On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Carr Maloney P.C.

American Bar Association Moves to Dismiss Class Action Complaint Amid Rising Tide of Data Breach Litigation

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The number of data breaches in the United States has increased significantly in the past ten years.  According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches...more

Lathrop GPM

Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach

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A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

BakerHostetler

In Brinker, the Eleventh Circuit Accepts Broad-Brush Damages Methodology at Class Certification in Data Breach Class Action

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One issue that can impede class certification in data breach class action litigation is the inability to calculate damages on a classwide basis. When there is a large data breach, only a fraction of those in the class are...more

Pierce Atwood LLP

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

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Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more

Polsinelli

On the Brink(er): In Appeal of Closely-Watched Data Breach Class Certification, Eleventh Circuit Vacates in Part and Remands for...

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The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more

Pierce Atwood LLP

New England and First Circuit Class Action Tracker

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Pierce Atwood's Class Action Defense group is pleased to present this New England and First Circuit Class Action Tracker, which focuses on the filings and decisions in state and federal courts within the boundaries of the...more

Alston & Bird

Class Action & MDL Roundup 2022 Q3 – Directing Physical Loss and Damage

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2022. In this edition, all dog stairs go to heaven, the Third Circuit resets Article III standing, and...more

Alston & Bird

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more

BakerHostetler

[Podcast] 2022 DSIR Report Deeper Dive: Class Action Jurisprudence

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The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021. This episode takes us deeper into class...more

BakerHostetler

DSIR Deeper Dive: Class Certification Jurisprudence

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Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more

Troutman Pepper

District Court Partially Grants Certification of Consumer Data Breach Class Action

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On May 3, Judge Grimm of the U.S. District Court for the District of Maryland issued a class certification decision in a consumer data breach multidistrict litigation case against an international hotel and resort management...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

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In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Alston & Bird

Class Action & MDL Roundup – Fall 2021

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In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and...more

Alston & Bird

Class Action & MDL Roundup – Summer 2021

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Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more

Alston & Bird

Class Action & MDL Roundup – Spring 2021

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Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2021. In this edition, the courts are beginning to split on COVID-19 cases, privacy litigants can’t...more

Kilpatrick

Data breach class actions: M.D. Fla. threads the Rule 23 needle in certifying the first consumer payment card class action

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Takeaway: Judge Timothy Corrigan of the Middle District of Florida recently found a way to certify a class action where consumers alleged the theft of payment card data, acknowledging he “may be the first to certify a Rule...more

Blake, Cassels & Graydon LLP

Uber : Un tribunal albertain refuse d’autoriser une action collective en matière d’atteinte à la vie privée

À une époque où les données sont de plus en plus précieuses, la protection des renseignements personnels confidentiels et la cybersécurité sont devenues des préoccupations prioritaires pour bon nombre de sociétés. De plus, le...more

Blake, Cassels & Graydon LLP

Uber Denial of Class Action – Alberta Court Denies Certification of Privacy Class Action

In an era where data has become increasingly valuable, the protection of confidential personal data and cybersecurity has risen to the forefront for many corporations. The pace of data growth has been exponential, with...more

Carlton Fields

Eleventh Circuit Decisions May Chill Future Data Breach Class Actions

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The holidays came early for class action defendants in the Eleventh Circuit. Within just over a month, that court issued two decisions with potentially large consequences for data breach litigation in the Eleventh Circuit:...more

Morgan Lewis

The Evolving Landscape of Covid-19-related Class Action Lawsuits

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The coronavirus (COVID-19) pandemic has caused upheaval in the global economy. This massive disruption has led to a wave of class action lawsuits relating, directly or indirectly, to COVID-19. This White Paper reviews the...more

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