DETROIT — A year and a half after most of the plaintiffs’ claims in a putative class action over a 2019 data breach experienced by StockX Inc. were sent to arbitration, a Michigan federal judge on June 15 denied the website operator’s motion to compel arbitration of the claims of a remaining plaintiff from California because of that state’s policy in favor of litigation that benefits the general public.
SAN FRANCISCO — A federal district court partially erred in dismissing certain shareholder claims in a securities class action lawsuit against Google LLC, Google parent company Alphabet Inc. and others stemming from alleged misrepresentations the defendants made concealing data security and management integrity issues relating to the Google+ social media network because two statements Alphabet made in 2018 Securities and Exchange Commission quarterly reports were materially false and misleading, a Ninth Circuit U.S. Court of Appeals panel ruled June 16 in affirming in part and reversing and remanding in part.
CHICAGO — A businessowners liability insurer on June 1 filed suit in a federal court in Illinois seeking a declaration that it does not owe coverage for an underlying lawsuit alleging that the owners and operators of Wing Stop violated the Biometric Information Privacy Act by capturing, collecting, storing and/or disseminating its employees’ biometric information without their valid consent.
DALLAS — A putative class complaint accusing a former security company employee of privacy violations when he allegedly accessed security cameras dozen of times after they were installed belongs in a Texas state court, a federal judge in Texas held June 4, opining that the Class Action Fairness Act’s (CAFA) home-state exception applies.
SAN FRANCISCO — A California federal magistrate judge in an order filed June 9 granted in part and denied in part Facebook Inc.’s motion to dismiss an advertising firm’s counterclaims for intentional interference with contract and violation of California’s unfair competition law (UCL) against it that were filed after Facebook sued it for computer fraud and breach of contract in relation to the firm’s data-gathering practices.
BOSTON — The French version of the European Union’s General Data Protection Regulation (GDPR) does not prevent a point of sale (POS) technology firm and a production partner from seeking discovery of important documents from a French rival in a dispute over trade secrets and patents, a Massachusetts federal judge ruled June 3, granting the plaintiffs’ motion to reconsider a previous ruling that had ordered discovery only from two domestic plaintiffs.
MIAMI — A trial court’s approval of a settlement agreement between Equifax Inc. and a consolidated group of consumers who sued the credit-reporting service over its massive 2017 data breach was affirmed June 3 by an 11th Circuit U.S. Court of Appeals panel, which concluded that the agreement’s terms were fair and found no abuse of discretion in the approval procedures.
WASHINGTON, D.C. — A disability claimant is permitted to amend claims relating to the termination of disability benefits under the Employee Retirement Income Security Act; however, the claimant cannot assert a claim for invasion of privacy based on the disability insurer’s use of the claimant’s Facebook, YouTube and travel blog because the claimant made the information on the sites publicly available, a District of Columbia federal judge said June 1 in partially granting the claimant’s motion for leave to file a second amended complaint.
WASHINGTON, D.C. — Two amicus curiae briefs were filed May 28 in the U.S. Supreme Court supporting a petition for certiorari filed by a group of travelers whose personal electronic devices were searched at the U.S. border, with the amici arguing that the high court needs to provide guidance as to the limits and scope of the border search doctrine and championing the need for warrants the search such devices under the Fourth Amendment to the U.S. Constitution.
SANTA ANA, Calif. — A putative class complaint accusing a credit reporting company of violating Florida law by monitoring and recording website visitors’ actions survives a dismissal motion as Florida courts have interpreted “interception” under state law to mean only recording by one party without the other party’s consent unlike the federal Wiretap Act, which requires the involvement of a third party to constitute interception, a judge in a federal court in California ruled May 25.
ATLANTA —A majority of the 11th Circuit U.S. Court of Appeals on June 1 affirmed a lower federal court’s ruling that an insurance policy’s “invasion of privacy” exclusion unambiguously bars coverage for an underlying $60,413,112 consent judgment entered against the insured in a Telephone Consumer Protection Act (TCPA) violation dispute.
CHICAGO — An insurer on May 19 filed suit in an Illinois court, seeking a declaration that is has no duty to defend or indemnify McDonald’s and its franchisees against two underlying lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA), arguing that the underlying claims do not assert “bodily injury” or “property damage” that was caused by an “occurrence” nor do they allege “personal and advertising injury” under the policy.
SAN JOSE, Calif. — An Android phone user on May 24 saw his invasion of privacy and intrusion upon seclusion class claims over Google LLC’s purported tracking of Android owners’ use of apps dismissed for a second time, with a California federal judge finding that they were essentially unchanged from a prior dismissal ruling.
SAN FRANCISCO — Privacy claims against Google LLC over data collection purportedly carried out by its Google Analytics (GA) service and certain apps were whittled down on May 21, when a California federal judge partly granted the company’s motion to dismiss, disposing of claims under the Wiretap Act and California’s unfair competition law (UCL) for failure to state a claim and for lack of jurisdiction.
WASHINGTON, D.C. — In a May 12 petition for certiorari, a media group asks the U.S. Supreme Court to decide whether a Massachusetts anti-eavesdropping statute, which makes nearly any surreptitious conversation a felony, is overbroad and runs afoul of the First Amendment to the U.S. Constitution.
STATESVILLE, N.C. — A federal judge in North Carolina on May 24 granted final approval to a class settlement under which LexisNexis Risk Solutions Inc. and PoliceReports.US LLC will limit the disclosure of crash reports nationwide.
NEW YORK — Finding that an appeal by Microsoft Corp. of court orders preventing it from informing a customer about investigative warrants has been mooted by disclosure to the customer, a Second Circuit U.S. Court of Appeals panel on May 14 granted the government’s motion to dismiss the matter while granting Microsoft’s motion to vacate the underlying rulings that prompted the appeal.
SPRINGFIELD, Ill. — The Illinois Supreme Court on May 20 affirmed a lower court’s ruling that an insurer has a duty to defend against class action claims that its insured violated the Biometric Information Privacy Act by disclosing fingerprint data to a third party without consent, further affirming that the policy’s violation of statutes exclusion does not bar coverage.
SAN JOSE, Calif. — In a May 18 complaint filed in California federal court, a New Jersey man accuses Google LLC of cultivating a vast database of users’ personally identifiable information (PII) that he calls “reminiscent of what George Orwell warned about,” faulting the tech firm for sharing the data with advertisers in its real-time bidding (RTB) process, bringing claims of privacy violations and unfair competition.
HARRISBURG, Pa. — The Pennsylvania Department of Health (DOH) and an employment staffing company failed to safeguard private health information (PHI) contained in COVID-19 contract tracing lists and then timely notify those affected after a data breach, a Pennsylvania woman alleges in her putative class complaint filed May 5 in a federal court in Pennsylvania.