WASHINGTON, D.C. — Washington state officials and Campaign to Prevent Fraud and Protect Seniors filed separate briefs on July 1 in the U.S. Supreme Court opposing a petition for a writ of certiorari challenging the constitutionality of a state law meant to protect the elderly from financial crimes that contains a provision that prevents unions interested in representing public-sector employees from being able to communicate with those who serve the elderly.
WASHINGTON, D.C. — Reversing a Ninth Circuit U.S. Court of Appeals ruling, the U.S. Supreme Court on July 1 delivered a divided ruling, including a dissent and two concurring opinions, in which it struck down as unconstitutional a California requirement that nonprofits submit lists of donors to the state, with the majority finding that such compelled disclosure violated the right to freedom of association under the First Amendment to the U.S. Constitution because the requirement was not “narrowly tailored.”
EAST ST. LOUIS, Ill. — A federal judge in Illinois on June 29 partially granted a motion to stay a putative class complaint accusing a senior living provider of violating the Illinois Biometric Information Privacy Act (BIPA) by collecting and storing employees’ data without proper notices or consent, finding that the rulings in two states cases and one federal case will likely impact this one.
WASHINGTON, D.C. — The U.S. Supreme Court in its June 28 order list denied certiorari to a group of individuals who claimed that warrantless border searches of their electronic devices violated their rights under the Fourth Amendment to the U.S. Constitution.
PASADENA, Calif. —The Ninth Circuit U.S. Court of Appeals held June 23 that a commercial general liability insurer’s arguments for overturning a jury's $618,380 attorney fee award in favor of Yahoo “are unavailing,” also rejecting Yahoo’s cross-appeal in the parties’ data privacy coverage dispute.
SAN FRANCISCO — The named plaintiffs in a consolidated class action over a series of data breaches experienced by Yahoo! Inc. failed in their quest to dispose of two appeals of a $117.5 million settlement of the suit, with a Ninth Circuit U.S. Court of Appeals panel on June 8 denying motion to summarily affirm and dismiss the appeals.
PHILADELPHIA — A Pennsylvania federal judge on June 22 found that a patient who sued a chain of fertility clinics over a 2020 data breach did not sufficiently allege an injury in fact, leading the judge to dismiss his putative class complaint for lack of standing.
SEATTLE — On remand to Washington federal court after the Ninth Circuit U.S. Court of Appeals ruled that it could not compel arbitration from the minor plaintiffs, Amazon.com Inc. filed an answer on June 18, denying putative class claims that its Alexa digital assistant devices improperly recorded minors’ voices without consent in violation of several states’ laws.
PITTSBURGH — The automated and instantaneous communications between an internet user’s web browser and the web servers of the entities providing the information necessary to build a web page constitute direct communications between those parties, a Pennsylvania federal judge ruled June 17, disposing of a putative class wiretap claim brought against retailer Harriet Carter Gifts Inc. and its marketing partner.
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.