News & Analysis as of

Class Action Data Breach Damages

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.
Pierce Atwood LLP

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

Pierce Atwood LLP on

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

Latham & Watkins LLP

Europäischer Gerichtshof ebnet den Weg für Massenklagen im Datenschutz

Latham & Watkins LLP on

Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more

Cozen O'Connor

No Action for Theft of Personal Information Without Loss

Cozen O'Connor on

Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more

Stikeman Elliott LLP

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

Stikeman Elliott LLP on

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

Kilpatrick

Data breach class actions: Fifth Circuit rules that unsecured storage leading to a breach does not constitute “knowing disclosure”...

Kilpatrick on

Takeaway:  Federal and state statutes that provide minimum damages awards for each statutory violation, such as the federal Telephone Consumer Protection Act and Illinois’s Biometric Information Privacy Act, provide ideal...more

Davis Wright Tremaine LLP

First Classwide Settlement Involving CCPA Statutory Damages Provides Little Guidance Moving Forward

For those of us waiting to see how the CCPA's statutory damage provision would impact the value of data breach class actions, the wait continues. Three of the first consumer class actions alleging CCPA violations for a...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

Ballard Spahr LLP on

Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Stoel Rives LLP

CCPA Bill Expanding Class Actions Fails but The Persistence of Chaos Succeeds

Stoel Rives LLP on

Class action lawsuits hurt businesses in at least three ways: they harm reputation, disrupt continuity, and are expensive to defend. In a privacy and cybersecurity context, even when dismissed at an early stage – when it is...more

Sunstein LLP

May 2019 IP Update: The California Consumer Privacy Act: More Relevant Than You Think

Sunstein LLP on

The California Consumer Privacy Act (CCPA), which we discussed last year, goes into effect on January 1, 2020. Its record-keeping requirements become effective on July 1, 2019. If your small- or medium-size business is based...more

Ballard Spahr LLP

Fiat Chrysler Car Hacking Case Put In Neutral

Ballard Spahr LLP on

Plaintiff lawyers’ continued search for damage theories to assert in claims arising from a data breach – or fear of a breach – received a potential setback this week when Chief Judge Michael Reagan of the United States...more

Melito & Adolfsen

Since when do Plaintiffs Class Action Firms shy away from a data hacking case? When the victims were pursuing extramarital affairs

Melito & Adolfsen on

AshleyMadison.com is a Canadian-based on-line dating service for the married or others in a committed relationship. Its slogan is “Life is short. Have an affair.” In July, hackers stole its customer data, including names,...more

King & Spalding

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

King & Spalding on

On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more

Carlton Fields

Protections Governing Theft and Publication of Medical Records

Carlton Fields on

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

BakerHostetler

Class Action – Damages and Class Treatment – 2013 Year in Review

BakerHostetler on

In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

Mintz - Privacy & Cybersecurity Viewpoints

Hannaford Data Breach Class Action Certification: Denied

Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without...more

Perkins Coie

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

Perkins Coie on

A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide