WASHINGTON, D.C. — After oral arguments and a round of supplemental briefing, the U.S. Supreme Court on March 20 concluded in a per curiam majority opinion that it lacked jurisdiction to rule on the fairness of a cy pres settlement of a privacy class action against Google LLC, remanding the case for a determination of whether the plaintiffs sufficiently established standing under Article III of the U.S. Constitution (Theodore H. Frank, et al. v. Paloma Gaos, et al., No. 17-961, U.S. Sup.).
SAN FRANCISCO — Telling a California federal court that the remaining plaintiffs in a consolidated class action over a 2018 hacking of its profile “View As” feature failed to plead to any harm, Facebook Inc. on March 14 filed a motion to dismiss the complaint (Jasper Schmidt, et al. v. Facebook Inc., No. 3:18-cv-05982, N.D. Calif.).
PITTSBURGH — A Pennsylvania federal judge on Feb. 26 granted preliminary approval of a $50 million settlement to be paid by a fast food chain to end financial institutions’ class claims against its franchisees in connection with a data breach first reported in 2016 (First Choice Federal Credit Union, et al. v. The Wendy’s Company, et al., No. 16-506, W.D. Pa.).
LOS ANGELES — A California federal judge on March 11 approved a stipulation settling a long-running putative class action between online data aggregator Spokeo Inc. and a man that sued it for violating the Fair Credit Reporting Act (FCRA), with the website operator agreeing to post disclaimers about the accuracy of information on its site and how such information may be used (Thomas Robins v. Spokeo Inc., No. 2:10-cv-05306, C.D. Calif.).
PHOENIX — Five months after a split summary judgment ruling, a school district and a former employee who claims he was fired for exposing negligence that led to multiple data breaches announced that they had settled their remaining claims, leading an Arizona federal magistrate judge to grant dismissal of the case with prejudice on March 7 (Miguel Corzo v. Maricopa County Community College District, et al., No. 2:15-cv-02552, D. Ariz.).
RICHMOND, Va. — A cybersecurity provider insured recently asked the Fourth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that a commercial general liability insurer has no duty to defend it against underlying personal injury claims arising from a credit card breach involving hotel customers, contending that the lower court “incorrectly applied Florida insurance coverage law” (St. Paul Fire & Marine Insurance Co. v. Rosen Millennium Inc., No. 18-14427, 4th Cir.).
PHILADELPHIA — Affirming a trial court’s dismissal of a putative class action against J. Crew Group Inc. under the Fair and Accurate Credit Transactions Act (FACTA), a Third Circuit U.S. Court of Appeals panel on March 8 held that a customer of the retailer failed to plead to any concrete harm in the purported increased risk of identity theft from the printing of 10 digits from his credit card number on his receipts (Ahmed Kamal v. J. Crew Group Inc., et al., No. 17-2345 and 17-2453, 3rd Cir., 2019 U.S. App. LEXIS 7053).
TUCSON, Ariz. — Finding that an internet user’s internet protocol (IP) address is information that is publicly available and shared with many parties, an Arizona federal judge on March 7 ruled that a man indicted on federal child pornography charges had no reasonable expectation of privacy in his IP address or in the subscriber information supplied by his internet service provider (ISP), adopting a magistrate’s recommendation to deny the indictee’s motion to suppress the information (United States v. Michael James McCutchin, No. 4:17-cr-01517, D. Ariz., 2019 U.S. Dist. LEXIS 36811).
SANTA ANA, Calif. — Three months after a judge preliminarily approved their settlement with Experian Information Solutions Inc. over a 2015 data breach, the plaintiffs filed a motion in California federal court on March 6 requesting service awards for the named plaintiffs, as well as awards of attorney fees and litigation costs (In Re Experian Data Breach Litigation, No. 8:15-cv-01592, C.D. Calif.).
WILMINGTON, Del. — An Irish-based medical imaging company argues in a March 5 brief in Delaware court that documents sought in discovery by a former manufacturing partner in a motion to compel are not only irrelevant to the contractual dispute between them but also that producing them could potentially violate the stringent privacy standards of Europe’s General Data Protection Regulation (GDPR) (Guerbet Ireland Unlimited Co., et al. v. SpecGX LLC, No. N18C-05-159, Del. Super.).
ATLANTA — Three Native American tribes that saw their claims against Equifax Inc. transferred and centralized in Georgia federal court along with hundreds of other similar suits filed a motion March 1 asking the court to establish a separate track in the litigation for tribal governments’ claims against the company, citing unique issues of law and sovereignty (In Re: Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga.).
SAN DIEGO — Although a Ninth Circuit U.S. Court of Appeals panel majority found that law enforcement personnel lacked probable cause to obtain the cell-site location information (CSLI) for a man who was indicted for a murder, it held in a March 4 ruling that the officer’s good faith reliance on a court-issued warrant overcame the probable cause deficiency (United States v. Antonio Gilton, et al., No. 16-10109, 9th Cir., 2019 U.S. App. LEXIS 6507).
LOS ANGELES — The Federal Trade Commission (FTC) on Feb. 27 filed a proposed, stipulated order in California federal court, announcing that it had settled claims against online video social network operator Musical.ly for violation of the Children’s Online Privacy Protection Act (COPPA) for an amount of $5.7 million (United States v. Musical.ly, et al., No. 2:19-cv-01439, C.D. Calif.).
CHICAGO — In a Feb. 25 jurisdictional memorandum, Google LLC explains that its cross-appeal of a ruling in its favor that dismissed claims over Google’s facial recognition photo-tagging feature is necessary because it intends to advance an alternative argument for affirmance, telling the Seventh Circuit U.S. Court of Appeals that a trial court should have dismissed the claims brought under Illinois’ Biometric Information Privacy Act (BIPA) for failure to state a claim (Lindabeth Rivera v. Google LLC, Nos. 19-1182 and 19-1242, 7th Cir.).
SAN FRANCISCO — Characterizing Facebook Inc. as a “relentless digital spy,” a California man on Feb. 22 opposed the social network’s motion to dismiss privacy claims over its purported practice of tracking users’ locations even after they opted out of such tracking in their account settings, asserting that this violation of his privacy rights constitutes a concrete injury that establishes his standing under Article III of the U.S. Constitution (Brett Heeger v. Facebook Inc., No. 3:18-cv-06399, N.D. Calif.).
LOS ANGELES — After a putative class action against Delta Air Lines Inc. over a 2017 data breach was denied centralization with similar suits and was transferred from Georgia to California federal court, the lead plaintiff on Feb. 22 filed a first amended complaint against the airlines and a data support company, adding new claims for computer fraud and illegal access (Teresa J. McGarry v. Delta Air Lines Inc., et al., No. 2:18-cv-09827, C.D. Calif.).
BALTIMORE — In a Feb. 15 reply brief supporting its summary judgment motion, the National Security Agency (NSA) tells a Maryland federal court that Wikimedia Foundation has failed to offer any admissible, nonprivileged evidence that any of its communications were intercepted in the agency’s upstream surveillance program, defeating its standing to bring constitutional claims against the government (Wikimedia Foundation v. National Security Agency, et al., No. 1:15-cv-00662, D. Md.).
SAN FRANCISCO— A technology firm that is the defendant in a patent infringement lawsuit failed to establish that producing emails of an employee in the United Kingdom would violate the privacy protections of Europe’s General Data Protection Regulation (GDPR), a California federal magistrate judge ruled Feb. 14, finding the requested emails to be relevant to the suit and the plaintiff’s requests to not be overbroad (Finjan Inc. v. Zscaler Inc., No. 3:17-cv-06946, N.D. Calif., 2019 U.S. Dist. LEXIS 24570).
SAN JOSE, Calif. — Three months after a California federal judge preliminarily approved an $8.3 million settlement with Lenovo (United States) Inc. over its use of intrusive adware, a consumer class on Feb. 14 moved for final approval of the agreement that would settle their privacy and computer fraud claims against the computer manufacturer (In Re: Lenovo Adware Litigation, No. 3:15-md-02624, N.D. Calif.).
PITTSBURGH — A fast food chain has agreed to pay $50 million to settle financial institutions’ class claims against its franchisees in connection with a data breach first reported in 2016, according to a motion for preliminary settlement approval filed Feb. 13 in a Pennsylvania federal court (First Choice Federal Credit Union, et al. v. The Wendy’s Company, et al., No. 16-506, W.D. Pa.).