News & Analysis as of

Class Action Data Breach Health Insurance

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.
Benesch

Dental/DSO Intelligence Monthly Report: February 2024

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Conceived and founded by 16 doctors, EPIC4 is a unique entity—a Specialty Partnership Organization where dental specialists can maximize potential at all stages of their life and practice. Forming EPIC4 was something of an...more

Health Care Compliance Association (HCCA)

Privacy Briefs: April 2023

Personal information from federal lawmakers and congressional staff members was available on the dark web following a breach of DC Health Link, the health insurance marketplace for Washington, D.C. In an internal memo sent to...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | June 2019 #2

Maine Bill Requires ISPs to Obtain Opt-In Consent from Customers - The Maine legislature has passed a bill that requires internet service providers (ISPs) operating in Maine to obtain express, affirmative consent from...more

Ballard Spahr LLP

Supreme Court Denies Cert Petition in CareFirst v. Attias

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Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Carlton Fields

Supreme Court Declines Review of Standing in Data Breach Class Actions

Carlton Fields on

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

Robinson+Cole Data Privacy + Security Insider

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their...more

Hogan Lovells

Aetna $17.2 Million Breach Settlement Brings Lessons for Handling Health Data

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Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

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As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Orrick, Herrington & Sutcliffe LLP

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Moore & Van Allen PLLC

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

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Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

Carlton Fields

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

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We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

Patterson Belknap Webb & Tyler LLP

Federal Appeals Court Says Healthcare Insurer Must Face Data Breach Lawsuit

A federal appeals court earlier this week dealt a blow to healthcare insurer CareFirst, Inc., concluding that a group of customers have the right to pursue a class action data breach lawsuit based on a 2014 cyberattack....more

Ballard Spahr LLP

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

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The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Fenwick & West LLP on

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

Ballard Spahr LLP

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

Ballard Spahr LLP on

The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Carlton Fields

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

Carlton Fields on

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

Ballard Spahr LLP

Class Certification Improper in Data Breach Case, PA Appellate Court Finds

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The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more

Sherman & Howard L.L.C.

Good News for Corporate Policy Holders: Court Finds Cyber Coverage Under Standard Liability Policy

Corporate policy holders received good news on April 11 when the U.S. Court of Appeals for the Fourth Circuit issued its opinion in the case captioned: The Travelers Indemnity Company of America v. Portal Healthcare...more

Robinson+Cole Data Privacy + Security Insider

Update on Excellus data breach litigation

Excellus Blue Cross Blue Shield (Excellus) was hit with another proposed class action suit late last week. The case, filed by a New York woman, accuses Excellus BlueCross BlueShield of failing to prevent a massive data...more

Cozen O'Connor

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Cozen O'Connor on

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

Robinson & Cole LLP

Multiple class action lawsuits filed against Premera Blue Cross for data breach

Robinson & Cole LLP on

Days following Premera Blue Cross’s public announcement that it had experienced a data breach affecting approximately 11 million, it has been sued five times (as of the time of this writing) in proposed class action lawsuits...more

Cozen O'Connor

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Cozen O'Connor on

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

Benesch

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

Benesch on

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

Proskauer Rose LLP

Responding to the Anthem Cyber Attack

Proskauer Rose LLP on

Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

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