9th Circuit Affirms Dismissal Of 1 Delta Data Breach Suit, Reverses Another

Mealey's (July 17, 2020, 10:11 AM EDT) -- PASADENA, Calif. — A trial court correctly found claims against Delta Air Lines Inc. over a 2017 data breach to be preempted and improperly pleaded, a Ninth Circuit U.S. Court of Appeals panel found July 16, upholding the dismissal of a putative class action against the airline, while deeming another case over the same breach to have been improperly disposed of under the first-to-file rule (Dana Pica, et al. v. Delta Air Lines Inc., et al., No. 19-55300, 9th Cir., 2020 U.S. App. LEXIS 22164; Michael Ford, et al. v. [24]7.AI Inc., et al., No. 19-15462, 9th Cir., 2020 U.S. App. LEXIS 22152)....