LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Newspaper's FOIA Suit Over Officers' Mug Shots Denied Certiorari

WASHINGTON, D.C. - In its May 22 order list, the U.S. Supreme Court denied a newspaper's petition for certiorari over privacy rights connected to Freedom of Information Act (FOIA) requests for booking photos, letting stand a Sixth Circuit U.S. Court of Appeals ruling that found an FOIA exemption protecting certain "embarrassing" facts from disclosure (Detroit Free Press Inc. v. U.S. Department of Justice, No. 16-706, U.S. Sup., 2017 U.S. LEXIS 3246).

Mealey's Litigation Procedure - Cell Phone Owners Allege Privacy Violations Over Firmware's PII Forwarding

MIAMI - In a May 12 amended complaint in Florida federal court, two cell phone owners bring privacy class claims against the phones' manufacturer and a Chinese firmware designer that they claim is responsible for surreptitiously intercepting and forwarding their personally identifiable information (PII) (In Re BLU Products Inc. Privacy Breach, No. 1:16-cv-24892, S.D. Fla.).

Mealey's Litigation Procedure - Golden State Warriors Fan Opposes Motions To Dismiss App Privacy Class Action

OAKLAND, Calif. - In a May 9 brief in California federal court, a fan of National Basketball Association team the Golden State Warriors defends her suit alleging interception of her private conversations via the team's smartphone application, opposing the defendants' dismissal motions and asserting that she sufficiently pleaded interception under the Electronic Communications Privacy App (ECPA) (LaTisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).

Mealey's Banking & Finance - Judge Finds Borrowers Cannot Invoke Constitutional Claim For Invasion Of Privacy

MISSOULA, Mont. - A Montana federal judge on May 8 granted summary judgment for a bank, finding that it did not invade the privacy of property owners when its inspector took pictures of the property after a default on a loan and that the bank was permitted to inspect the property pursuant to the deed on the home (Carey and Ryan Prather v. Bank of America, N.A., No. 15-163. D. Mont., 2017 U.S. Dist. LEXIS 70781).

Mealey's Litigation Procedure - Police Officers Want Relief From Newspaper's Discovery Requests In DPPA Suit

CHICAGO - A group of Chicago police officers who sued a newspaper for violating the Drivers Privacy and Protection Act (DPPA) by publishing their personal information moved for a protective order in Illinois federal court on April 28, contending that the newspaper continues to seek improper and irrelevant information in discovery requests despite a previous order precluding it from doing so (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).

Mealey's Litigation Procedure - Settlement Of Facebook Message-Scanning Class Action Preliminarily Approved

OAKLAND, Calif. - A California federal judge on April 26 granted a motion to preliminarily approve settlement of a class action that accused Facebook Inc. of privacy violations related to the social network's scanning of users' private messages (PMs) for advertisement purposes (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.).

Mealey's Labor & Employment - Labor Board ALJ Finds AT&T's Privacy Rule For Workers Is Too Broad

WASHINGTON, D.C. - AT&T Mobility LLC's privacy policy for employees that prohibits the recording of conversations with co-workers, managers and third parties is overly broad and violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) ruled April 25 (AT&T Mobility, LLC and Marcus Davis, No. 05-CA-178637, NLRB).

Mealey's Litigation Procedure - Privacy Class Action Filed Over Medical App's Health Information Sharing

FORT LAUDERDALE, Fla. - A Utah woman filed a putative class complaint April 18 against the provider of a physician consultation smartphone app, telling a Florida federal court that the app shares users' sensitive medical information with a third-party firm, breaching the app maker's duty to keep this information confidential (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).

Mealey's Litigation Procedure - Sex Toy Maker Seeks To Settle Privacy Suit For $3.75 Million

CHICAGO - A sex toy maker accused of wrongfully collecting highly sensitive personal information about its consumers' usage of its products seeks to settle a class complaint for approximately $3.75 million, the plaintiffs state in a motion for preliminary approval of the class action settlement filed March 9 in an Illinois federal court (N.P., et al. v. Standard Innovation [US], Corp., d/b/a We-Vibe, No. 16-8655, N.D. Ill.).

Mealey's Litigation Procedure - After Customer Consents, Amazon Submits Echo Data In Arkansas Murder Case

BENTONVILLE, Ark. - In an Arkansas judge's March 6 order, it was disclosed that Amazon.com Inc. submitted to law enforcement the recordings from an Amazon Echo device belonging to a murder defendant in compliance with a police warrant that Amazon previously sought to quash under privacy and free speech concerns (State of Arkansas v. James A. Bates, No. CR-2016-370-2, Ark. Cir., Benton Co.).

Mealey's Litigation Procedure - Vizio Smart TV Video Privacy Class Claim To Proceed; Wiretap Claim Dismissed

SANTA ANA, Calif. - Finding that Vizio Inc. qualifies as a "video tape service provider" under the Video Privacy Protection Act (VPPA), a California federal judge on March 2 denied dismissal of a putative class claim under the statute for the purported disclosure of consumers' personally identifiable information (PII) via the firm's smart TVs (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).

Mealey's Litigation Procedure - Class In Facebook Message-Scanning Suit Seeks Approval Of Settlement

OAKLAND, Calif. - In a March 1 motion in California federal court, the plaintiffs in a class action accusing Facebook Inc. of privacy violations in its scanning of users' private messages (PMs) seek preliminary approval of a settlement with the social network, noting changes that Facebook has made to its allegedly illegal practices (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif.).

Mealey's Litigation Procedure - Chicago Moves To Quash Some Discovery In DPPA Suit Against Newspaper

CHICAGO - The city of Chicago on Feb. 28 asked an Illinois federal court to quash some of the discovery requests served on it by a newspaper alleged to have violated the Drivers Privacy and Protection Act (DPPA), arguing that some of the documents are protected by an earlier court order and the attorney-client privilege (Scott Dahlstrom, et al. v. Sun-Times Media LLC, No. 1:12-cv-00658, N.D. Ill.).

Mealey's Litigation Procedure - Suits Over 'Google Photos' Feature Under Illinois Biometric Law Survive Dismissal

CHICAGO - An Illinois federal judge on Feb. 27 denied a motion by Google Inc. to dismiss two putative class complaints alleging that it violated Illinois' Biometric Information Privacy Act (BIPA) via facial recognition capability in its "Google Photos" feature, with the judge finding that the plaintiffs sufficiently alleged that Google collected their "biometric identifiers" (Lindabeth Rivera v. Google Inc., No. 1:16-cv-02714, and Joseph Weiss v. Google Inc., No. 1:16-cv-02870, N.D. Ill., 2017 U.S. Dist. LEXIS 27276).

Mealey's Labor & Employment - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).

Mealey's Antitrust/Unfair Competition - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).

Mealey's Litigation Procedure - Calif. Federal Judge: No Pseudonym For Former NFL Cheerleader In Wage Class Suit

SAN FRANCISCO - The rights of the public, the press and the class she is seeking to represent outweigh the privacy interests of the lead plaintiff in a lawsuit accusing NFL Enterprises LLC and individual teams of conspiring to suppress the wages of cheerleaders, a California federal judge ruled Feb. 22, denying the plaintiff's motion to proceed using a pseudonym (Jane Doe, et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 24991).

Mealey's Litigation Procedure - Amazon Moves To Quash Discovery Of Echo Recordings In Arkansas Murder Case

BENTONVILLE, Ark. - Citing privacy and free speech concerns, Amazon.com Inc. in a Feb. 17 motion in Arkansas court seeks to quash a police department warrant ordering production of sound recordings and transcripts associated with an Amazon Echo device belonging to the defendant in a murder case (State of Arkansas v. James A. Bates, No. CR-2016-370-2, Benton Co., Ark. Cir. Ct.).

Mealey's Litigation Procedure - Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL

MINNEAPOLIS - The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to "demonstrate with specificity" why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's PI/Product Liability - Boston University CTE Center Opposes Handing Over Autopsy Reports To NHL

MINNEAPOLIS - The trustees of Boston University on Feb. 6 told the federal judge overseeing the National Hockey League concussion multidistrict litigation that the league has failed to "demonstrate with specificity" why it needs the research and autopsy reports conducted by the Boston University Chronic Traumatic Encephalopathy Center (CTE Center) and that compelling those documents would violate the privacy of the research subjects (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).

Mealey's Insurance - Yahoo Sues Insurer Over Coverage Of Email Scanning Suits

SAN JOSE, Calif. - On Jan. 31, Yahoo! Inc. sued its commercial general liability (CGL) provider in California federal court, alleging breach of contract and bad faith related to the insurer's decision not to defend or indemnify the internet firm in four class actions alleging privacy violations in certain email-scanning practices (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 5:17-cv-00489, N.D. Calif.).

Mealey's Litigation Procedure - Judge Approves $5.5 Million Settlement Of Google Cookie Privacy Class Action

WILMINGTON, Del. - A proposed $5.5 million cy pres settlement of a class action over the tracking cookie practices of Google Inc. was approved by a Delaware federal judge Feb. 2, with requests for awards of attorney fees and incentive awards being granted and a lone objection to the settlement being overruled (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 1:12-md-02358, D. Del.).

Mealey's Litigation Procedure - FBI Denies FOIA Violations In Group's Request For Biometrics Program Documents

WASHINGTON, D.C. - In an answer filed Jan. 23 in District of Columbia federal court, the Federal Bureau of Investigation denied a privacy group's allegations that it violated the Freedom of Information Act (FOIA) by not timely providing requested documents about the bureau's biometrics program (Electronic Privacy Information Center v. Federal Bureau of Investigation, No. 1:16-cv-02237, D. D.C.).

Mealey's Labor & Employment - Officer's DPPA Claims Barred By Statute Of Limitations, 11th Circuit Affirms

MIAMI - A former law enforcement officer's privacy claims under the Driver's Privacy Protection Act (DPPA) and related civil rights claims were properly dismissed as barred by the statute of limitations, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 9, finding that the claims accrued on the date that the purported violations occurred (Shaun Foudy, et al. v. Indian River County Sheriff's Office, et al., No. 15-14646, 15-14659 and 15-15015, 11th Cir.; 2017 U.S. App. LEXIS 369)

Mealey's Litigation Procedure - Lenovo Spyware Plaintiffs Seek Approval Of Settlement With Software Designer

SAN JOSE, Calif. - The plaintiffs in a class action against computer manufacturer Lenovo (United States) Inc. on Dec. 9 moved in California federal court for preliminary approval of a settlement with the co-defendant that designed the spyware at the heart of the lawsuit's computer fraud and invasion of privacy claims (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).