LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims

CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management, Inc., et al., No. 2017-CH-15152, Ill. Cir., Cook Co., Chancery Div.).

Mealey's Litigation Procedure - Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims

CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management, Inc., et al., No. 2017-CH-15152, Ill. Cir., Cook Co., Chancery Div.).

Mealey's PI/Product Liability - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).

Mealey's Litigation Procedure - Florida High Court Deems Malpractice Suit Interview Provision Unconstitutional

TALLAHASSEE, Fla. - State law amendments in 2013 providing for secret ex parte interviews of a medical malpractice claimant's physicians violate the Florida Constitution's guarantees of privacy and court access, a Florida Supreme Court majority ruled Nov. 9, finding that including the interviews as part of the mandated presuit informal discovery process required claimants to waive their privacy rights to avail themselves of the courts (Emma Gayle Weaver v. Stephen C. Myers, M.D., et al. No. SC15-1538, Fla. Sup., 2017 Fla. LEXIS 2282).

Mealey's Litigation Procedure - Remanded Nickelodeon Privacy Class Action Dismissed With Prejudice

NEWARK, N.J. - Viacom Inc. and the remaining plaintiffs in a putative privacy class action jointly filed a stipulation in New Jersey federal court on Nov. 3, seeking final dismissal of a mostly dismissed suit alleging improper tracking of minor users of the Nickelodeon network's website (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).

Mealey's Litigation Procedure - Plaintiffs Defend Article III Standing In Facebook Biometric Class Action

SAN FRANCISCO - In an Oct. 26 brief opposing Facebook Inc.'s dismissal motion, the plaintiffs in a putative class action alleging violation of Illinois' Biometric Information Privacy Act (BIPA) via a photo-tagging feature tell a California federal court that they established standing under Article III of the U.S. Constitution due to Facebook's invasion of their concrete, statutorily protected privacy rights (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's Litigation Procedure - Magistrate Defines 'Tracked Data' In Vizio Smart TV Privacy Class Action

SANTA ANA, Calif. - In an Oct. 20 in chambers order, a California federal magistrate judge mostly adopted a definition of the term "tracked data" as proposed by the plaintiffs in a putative class action alleging privacy violations in the purported tracking of users' viewing habits and other data via smart TVs made by Vizio Inc.(In Re: Vizio Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).

Mealey's Litigation Procedure - Facebook Renews Bid To Dismiss Biometric Collection Class Action

SAN FRANCISCO - Facebook Inc. on Sept. 28 filed a renewed motion in California federal court to dismiss a putative class action alleging violation of Illinois' Biometric Information Privacy Act (BIPA) via a photo-tagging feature, arguing that the plaintiffs fail to allege concrete injury sufficient to establish jurisdiction under Article III of the U.S. Constitution (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's Securities/D&O Liability - Aegerion To Pay $35M To Settle Criminal, False Claims Cases, $4M To Settle SEC Action

BOSTON - Aegerion Pharmaceuticals Inc. will pay more than $35 million to resolve federal criminal misdemeanor charges and civil claims that it promoted its expensive cholesterol drug Juxtapid for off-label uses and violated patient privacy and kickback laws in the process, the U.S. Attorney's Office for the District of Massachusetts announced Sept. 22 (United States of America v. Aegerion Pharmaceuticals, Inc., No. 17-cr-10288, D. Mass.).

Mealey's PI/Product Liability - Aegerion To Pay $35M To Settle Criminal, False Claims Cases, $4M To Settle SEC Action

BOSTON - Aegerion Pharmaceuticals Inc. will pay more than $35 million to resolve federal criminal misdemeanor charges and civil claims that it promoted its expensive cholesterol drug Juxtapid for off-label uses and violated patient privacy and kickback laws in the process, the U.S. Attorney's Office for the District of Massachusetts announced Sept. 22 (United States of America v. Aegerion Pharmaceuticals, Inc., No. 17-cr-10288, D. Mass.).

Mealey's Antitrust/Unfair Competition - Panel Affirms Dismissal Of Anti-SLAPP Motion, Finds Tenant Waived Argument

LOS ANGELES - A California panel on Sept. 18 affirmed a trial court's decision to grant a hotel management company's strategic lawsuit against public participation motion in relation to a tenant's causes of action for violation of California's unfair competition law (UCL), invasion of privacy and other claims, finding that the tenant waived any argument on appeal after he failed to oppose the motion (Troy A. Stewart v. Extended Stay America, et al., No. B272333, Calif. App., 2nd Dist., Div. 4, 2017 Cal. App. Unpub. LEXIS 6383).

Mealey's Litigation Procedure - Class Suit Over Shutterfly's Facial Recognition Software Survives Motion To Dismiss

CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy, et al. v. Shutterfly, Inc., No. 16-10984, N.D. Ill., 2017 U.S. Dist. LEXIS 149604).

Mealey's Litigation Procedure - New York Federal Judge Sends Glassdoor Users' Privacy Class Claims To Arbitrator

NEW YORK - A New York federal judge on Sept. 12 granted a motion to compel arbitration filed by Glassdoor Inc. in a class lawsuit filed by users who claim that their email addresses were publically disclosed (Paulo Pincaro, et al. v. Glassdoor, Inc., No. 16-6870, S.D. N.Y., 2017 U.S. Dist. LEXIS 147517).

Mealey's Antitrust/Unfair Competition - Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed

SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

Mealey's Litigation Procedure - Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed

SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).

Mealey's Litigation Procedure - Non-Gmail Users' Settlement Of Privacy Claims Against Google Gets Initial OK

SAN JOSE, Calif. - The second attempt to settle a putative class action between Google Inc. and a class of non-Gmail users achieved preliminary approval on Aug. 31, with a California federal judge deeming the proposed settlement of privacy claims related to Google's scanning of non-Gmail users' emails to be "fundamentally fair, adequate and reasonable" (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif.).

Mealey's Litigation Procedure - Aetna Again Sued For Not Protecting Privacy Of HIV Patients

PHILADELPHIA - A policyholder of Aetna Inc. filed a class complaint against the insurer in Pennsylvania federal court Aug. 28, alleging that in settling two previous lawsuits over purported privacy violations of its insureds that take HIV medications, the insurer again violated their privacy with an indiscreet mailing (Andrew Beckett v. Aetna Inc., et al., No. 2:17-cv-03864, E.D. Pa.).

Mealey's Litigation Procedure - Facebook Users Replead Contractual Claims In Cookie-Tracking Class Action

SAN JOSE, Calif. - Two months after a California federal judge dismissed with prejudice most of the privacy-related claims in a putative class action accusing Facebook Inc. of tracking users' internet activity without their consent, the lead plaintiffs on Aug. 25 filed a third amended consolidated complaint restating two contractual claims alleging that the social network violated its assurances that it would not engage in such tracking (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).

Mealey's Insurance - 9th Circuits Rules Against L.A. Lakers In Coverage Dispute Over TCPA Claim

PASADENA, Calif. - Determining that a claim brought under the Telephone Consumer Protection Act (TCPA) "is inherently an invasion of privacy claim," a Ninth Circuit U.S. Court of Appeals panel majority on Aug. 23 affirmed a trial court's finding that the Los Angeles Lakers were not entitled to coverage for an underlying TCPA suit because the team's insurance policy contained an exclusion for invasion of privacy suits (Los Angeles Lakers Inc. v. Federal Insurance Co., No. 15-55777, 9th Cir., 2017 U.S. App. LEXIS 16109).

Mealey's Litigation Procedure - 9th Circuit Approves $8.5 Million Cy Pres Settlement Of Google Privacy Suit

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Aug. 22 affirmed a trial court's approval of an $8.5 million cy pres settlement of a class action alleging privacy violations in Google Inc.'s forwarding of users' web browser referrer header information to third parties, deeming it appropriate in light of the large size of the class (In Re Google Referrer Header Privacy Litigation, No. 15-15858, 9th Cir., 2017 U.S. App. LEXIS 15955).

Mealey's Litigation Procedure - Spyware Suit Plaintiffs Oppose Magistrate's Report Against Class Certification

ERIE, Pa. - In an Aug. 18 brief, a Wyoming couple argue that their Electronic Communications Privacy Act (ECPA) claims against a retailer that installed spyware on their computer merit class treatment, objecting to a Pennsylvania federal magistrate judge's recommendation that class certification be denied "on grounds that individualized issues predominate over common issues to the putative class" (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's IP/Tech - Spyware Suit Plaintiffs Oppose Magistrate's Report Against Class Certification

ERIE, Pa. - In an Aug. 18 brief, a Wyoming couple argue that their Electronic Communications Privacy Act (ECPA) claims against a retailer that installed spyware on their computer merit class treatment, objecting to a Pennsylvania federal magistrate judge's recommendation that class certification be denied "on grounds that individualized issues predominate over common issues to the putative class" (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).

Mealey's Litigation Procedure - Final Approval Granted To Facebook Message-Scanning Class Action Settlement

OAKLAND, Calif. - Four months after preliminarily approving settlement of a class action that accused Facebook Inc. of privacy violations related to its scanning of users' private messages (PMs) for advertisement purposes, a California federal judge on Aug. 18 granted the plaintiffs' motion for final judgment, deeming proposed incentive and attorney fee awards to be reasonable (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif., 2017 U.S. Dist. LEXIS 132624).

Mealey's Litigation Procedure - Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad and in violation of federal privacy law (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).

Mealey's IP/Tech - Web Host Opposes DOJ's Warrant To Seize User Records From Activist Website

WASHINGTON, D.C. - Citing concerns under the First and Fourth Amendments to the U.S. Constitution, a web-hosting firm on Aug. 11 told a District of Columbia court that a U.S. Department of Justice search warrant seeking identifying information for visitors to an anti-Donald Trump website is overbroad and in violation of federal privacy law (In re: the Search of www.disruptj20.org that Is Stored at Premises Owned, Maintained, Controlled,, or Operated by DreamHost, No. 17 CSW 3438, D.C. Super.).