CHICAGO — The investigatory authority of the U.S. Department of Labor (DOL) under the Employee Retirement Income Security Act “hinges on the information requested and its relation to an actual or potential ERISA violation,” a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 12, upholding enforcement of an administrative subpoena issued against an entity that argued that it is not a fiduciary.
BRIDGEPORT, Conn. — Two Connecticut citizens whose personally identifiable information (PII) was exposed in a data breach experienced by a vendor of the Connecticut Department of Motor Vehicles (DMV) did not allege an injury in fact sufficient to confer standing, a Connecticut federal judge ruled Aug. 9, dismissing the putative class claims against the defendant.
SAN FRANCISCO — Vizio Inc. on Aug. 10 filed a notice of appeal in the Ninth Circuit U.S. Court of Appeals challenging a lower federal court’s dismissal of its fourth amended complaint seeking defense and indemnity for an underlying $17 million settlement and defense costs arising from class claims over the insured’s unauthorized collections of consumers’ television viewing data.
WILMINGTON, Del. — A Delaware federal judge on July 25 set a hearing date for an e-commerce solutions firm’s motion to stay a negligence lawsuit against it over the theft of customers’ personally identifiable information (PII) from a cryptocurrency ledger website.
CHICAGO — Clearview AI Inc. lost its bid for reconsideration of a judge’s findings regarding jurisdiction and standing that favored the plaintiffs in a biometrics privacy suit, with the judge ruling on July 25 that the defendant’s arguments were unavailing and “woefully inadequate,” leading her to deny reconsideration, which she reminded the parties is not “a vehicle for rearguing previously rejected motions.”
SAN FRANCISCO — A teen girl and her mother on July 25 filed a lawsuit in California federal court against Meta Platforms Inc. alleging that it violated California’s unfair competition law (UCL) by using “addictive” algorithms on its Instagram social media app that led the teenager to develop anorexia and other chronic health issues.
CHICAGO — In a July 25 status report, Envoy Air Inc. and a former employee announced that they have “reached a settlement in principle” of the employee’s putative class complaint alleging violations of the Illinois Biometric Information Privacy Act (BIPA) in the collection of workers’ biometric data in the airline’s clock-in and clock-out procedure.
KANSAS CITY, Mo. — The plaintiffs in a multidistrict litigation over the August 2021 data breach experienced by T-Mobile US Inc. and T-Mobile USA Inc. (T-Mobile, collectively) moved in Missouri federal court on July 22 for preliminary approval of a settlement agreement that will establish a $350 settlement fund for class members and require the telecommunications firm to undertake security improvements.
LOS ANGELES — A federal judge in California on July 19 granted an excess insurer’s motion to dismiss Vizio Inc.’s fourth amended complaint seeking defense and indemnity for an underlying $17 million settlement and defense costs arising from class claims over the insured’s unauthorized collections of consumers’ television viewing data, dismissing the claims this time with prejudice after finding that the insured “again fails to state a claim after having had five opportunities to properly plead its case.”
SAN FRANCISCO — In a pair of reply briefs filed July 15 in California federal court, a cryptocurrency exchange and a retirement solutions firm offer further arguments supporting their respective motions to compel arbitration and to dismiss negligence and contractual putative class claims brought against them by a client whose bitcoin assets and personally identifiable information (PII) and were stolen in a cyberattack.
SAN FRANCISCO — A California federal judge on July 18 denied two plaintiffs’ claims that Google LLC violated California’s unfair competition law (UCL) and violated their privacy by allegedly collecting data about their usage of non-Google apps while using Google’s Android operating system on their smartphones as the claims were all insufficiently pleaded despite the judge finding that Google failed to fully disclose its data collection policies.
BANGOR, Maine — Maine health care workers who as Does sued their employers and several state officials challenging the state’s COVID-19 vaccine mandate filed an amended complaint on July 11 in a federal court in Maine revealing their names after the First Circuit U.S. Court of Appeals on July 7 denied their request for an emergency stay of the trial court’s disclosure order.
PHILADELPHIA — Agreeing with a track of consumer plaintiffs in a consolidated class action over a 2019 data breach experienced by Wawa Inc., a Pennsylvania federal judge on July 8 granted a motion to require two of the convenience store chain’s employees to post an appeal bond during the pendency of their appeal of Wawa’s settlement with the consumer track.
SAN FRANCISCO — A trial court improperly dismissed their religious discrimination claims over government surveillance of their communities, three Muslim Americans tell the Ninth Circuit U.S. Court of Appeals in a June 30 supplemental remand brief, saying that the trial court incorrectly concluded that they could not plead their claims without information protected under the state secrets privilege and stressing that they seek no discovery of such materials.
CHICAGO — In a July 6 ruling against the U.S. Department of Labor (DOL) in a dispute over a proposed protective order in which the parties agreed on all but one paragraph about providing documents to other government agencies, a federal magistrate judge in Illinois said in part that the order cannot grant use immunity and will not inhibit criminal or civil investigations.
OAKLAND, Calif. — A company seeking to compel Twitter Inc. to provide identifying information about an anonymous social network user failed to demonstrate that the user’s posting of six copyrighted photos as part of an apparent societal commentary did not constitute fair use, a California federal judge ruled June 21, concluding that the movant did not establish a prima facie case of copyright infringement sufficient to outweigh the Twitter user’s right to speak anonymously under the First Amendment to the U.S. Constitution.
BANGOR, Maine — A federal judge in Maine on June 17 denied a motion to stay sought by Maine health care workers referred to only as Does in their case challenging the state’s COVID-19 vaccine mandate after being directed to reveal their names and ordered the plaintiffs to file a first amended complaint by July 8.
SAN FRANCISCO — Two days after a settlement was announced between Meta Platforms Inc. and a group of plaintiffs suing the social network operator (formerly known as Facebook Inc.) for collecting their location information without authorization, a California federal judge on June 16 approved the parties’ joint stipulation to hold upcoming deadlines in abeyance while they work out the details of the proposed class settlement.
SAN FRANCISCO — On remand after resolution of an appeal by objectors, the plaintiffs in a consolidated privacy action over the “tag suggestions” feature on Facebook filed a notice of post-distribution accounting in California federal court on June 21, touting a successful settlement notice plan and claims rate, while reporting a distribution of more than $549 million to claimants.
RICHMOND, Va. — The appellants in two lawsuits brought under the Driver’s Privacy Protection Act (DPPA) were properly disposed of by a trial court, a Fourth Circuit U.S. Court of Appeals panel held June 3, finding that the two groups of drivers did not properly allege that a collection of personal injury lawyers who obtained their personally identifiable information (PII) from accident reports for the purpose of soliciting business did so from motor vehicle records, per the statute.