LexisNexis® Legal Newsroom
Mealey's Data Privacy - 3rd Circuit Affirms Dismissal Of Ex-Employee's Laptop Data Theft Suit Against Coke

PHILADELPHIA - Because an ex-employee of The Coca-Cola Co. (Coke) failed to establish a causal connection between credit card fraud and the theft of company-owned laptops containing employees' personally identifiable information (PII), a Third Circuit U.S. Court of Appeals panel on June 20 affirmed the dismissal of his putative breach of contract and negligence class claims against the soft drink manufacturer (Shane K. Enslin v. The Coca-Cola Co., et al., Nos. 17-3153 and 17-3256, 3rd Cir., 2018 U.S. App. LEXIS 16613).

Mealey's Data Privacy - Supreme Court: Probable Cause Required For Cell Location Records Search

WASHINGTON, D.C. - A divided U.S. Supreme Court on June 22 found that the government's search of a suspect's cell site location information (CSLI) records qualified as a search under the Fourth Amendment to the U.S. Constitution, thus requiring a showing of probable cause before search of such records in which it found that a user has a reasonable expectation of privacy (Timothy Ivory Carpenter v. United States, No. 16-402, U.S. Sup., 2018 U.S. LEXIS 3844).

Mealey's Data Privacy - Google Street View Case Stayed Pending Supreme Court Cy Pres Settlement Ruling

SAN FRANCISCO - A California federal judge on June 19 agreed to stay a long-running putative privacy class action over Google LLC's Street View feature in light of a pending U.S. Supreme Court case that the parties believe "is likely to bear directly" on a tentative settlement in the case (In re Google LLC Street View Electronic Communications Litigation, No. 3:10-md-02184, N.D. Calif.).

Mealey's Litigation Procedure - Google Street View Case Stayed Pending Supreme Court Cy Pres Settlement Ruling

SAN FRANCISCO - A California federal judge on June 19 agreed to stay a long-running putative privacy class action over Google LLC's Street View feature in light of a pending U.S. Supreme Court case that the parties believe "is likely to bear directly" on a tentative settlement in the case (In re Google LLC Street View Electronic Communications Litigation, No. 3:10-md-02184, N.D. Calif.).

Mealey's Data Privacy - Patient's HIPAA Claim Over Lab's Privacy Failure Dismissed By Federal Judge

WASHINGTON D.C. - Because the Health Insurance Portability and Accountability Act (HIPAA) does not provide for a private cause of action, a District of Columbia federal judge on June 15 granted a diagnostic laboratory's motion to dismiss a complaint alleging that the lab violated the act by not furnishing patients with ample privacy while obtaining their personal health information (PHI) (Hope Lee-Thomas v. Laboratory Corporation of America, No. 1:18-cv-00591, D. D.C., 2018 U.S. Dist. LEXIS 100428).

Mealey's Labor & Employment - Patient's HIPAA Claim Over Lab's Privacy Failure Dismissed By Federal Judge

WASHINGTON, D.C. - Because the Health Insurance Portability and Accountability Act (HIPAA) does not provide for a private cause of action, a District of Columbia federal judge on June 15 granted a diagnostic laboratory's motion to dismiss a complaint alleging that the lab violated the act by not furnishing patients with ample privacy while obtaining their personal health information (PHI) (Hope Lee-Thomas v. Laboratory Corporation of America, No. 1:18-cv-00591, D. D.C., 2018 U.S. Dist. LEXIS 100428).

Mealey's Data Privacy - Facebook Instant Messages Deemed Discoverable In Anthem ERISA Class Action

INDIANAOLIS - In light of a defendant's showing of relevance and the plaintiffs' failure to establish privilege, an Indiana federal magistrate judge on June 14 concluded that a Facebook instant message string between two named plaintiffs was not covered by a protective order in a putative class action over pension plan administrative fees, leading him to mostly grant a motion to compel (Mary Bell, et al. v. Pension Committee of ATH Holding Company LLC, et al., No. 1:15-cv-02062, S.D. Ind.).

Mealey's Data Privacy - Verizon Users Say 'Zombie' Cookie Use Was Deceptive, Impaired Devices

OAKLAND, Calif. - A marketing firm that deployed "zombie" cookies on the mobile devices of Verizon Wireless users violated New York consumer law, two wireless users argue in a June 13 brief in California federal court, claiming trespass and opposing the defendant's motion to dismiss (Anthony Henson, et al. v. Turn Inc., No. 4:15-cv-01497, N.D. Calif.).

Mealey's Litigation Procedure - JPMDL Centralizes Facebook Data-Sharing Suits In California Federal Court

WASHINGTON, D.C. - A growing list of class actions against Facebook Inc. over the sharing of millions of social network users' personal data by a third-party app developer will be centralized in California federal court, the U.S. Judicial Panel for Multidistrict Litigation (JPMDL) ruled June 6, granting a motion to transfer by two of the plaintiffs (In re Facebook Inc., Consumer Privacy User Profile Litigation, No. 2843, JPMDL).

Mealey's Labor & Employment - Privacy Class Claims Against Employer, Fingerprint Scanner Company Survive Dismissal

CHICAGO - Class claims by an employee challenging the collection and storage of fingerprint scans may proceed against the company that employed her and the third-party scanner provider, an Illinois federal judge ruled May 31 (Cynthia Dixon v. The Washington and Jane Smith Community - Beverly, et al., No. 17-8033, N.D. Ill., 2018 U.S. Dist. LEXIS 90344).

Mealey's Litigation Procedure - Privacy Class Claims Against Employer, Fingerprint Scanner Company Survive Dismissal

CHICAGO - Class claims by an employee challenging the collection and storage of fingerprint scans may proceed against the company that employed her and the third-party scanner provider, an Illinois federal judge ruled May 31 (Cynthia Dixon v. The Washington and Jane Smith Community - Beverly, et al., No. 17-8033, N.D. Ill., 2018 U.S. Dist. LEXIS 90344).

Mealey's Litigation Procedure - 9th Circuit Grants Facebook's Emergency Stay Motion In Biometric Privacy Suit

SAN FRANCISCO - The same day that a California federal judge denied Facebook Inc.'s motion to stay proceedings in a suit over its alleged violations of the Illinois Biometric Information Privacy Act (BIPA), a Ninth Circuit U.S. Court of Appeals panel on May 29 granted the social network's emergency motion to stay trial court proceedings pending its appeal of a class certification ruling (Namesh Patel, et al. v. Facebook Inc., No. 18-80053, 9th Cir.).

Mealey's Litigation Procedure - Golden State Warriors Fan Voluntarily Dismisses App Eavesdropping Class Action

OAKLAND, Calif. - After engaging in arbitration, a New York woman filed a stipulation in California federal court May 17, voluntarily dismissing a putative class action under the Electronic Communications Privacy App (ECPA) against National Basketball Association team the Golden State Warriors and a technology firm, disposing of her allegations of eavesdropping via the team's smartphone app (LaTisha Satchell v. Signal360 Inc., et al., No.3:16-cv-04961, N.D. Calif.).

Mealey's Litigation Procedure - Summary Judgment Motions Denied In Facebook Facial Scan Collection Class Action

SAN FRANCISCO - Citing a "multitude of fact disputes," a California federal judge on May 14 denied summary judgment motions by Facebook Inc. and a group of Facebook users in a class action alleging that the social network operator violated the Illinois Biometric Information Privacy Act (BIPA) by collecting users' facial scans in connection with a photo-tagging feature (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif., 2018 U.S. Dist. LEXIS 81044).

Mealey's Litigation Procedure - Unions Defend Standing To Sue Over OPM Data Breach In D.C. Circuit Briefs

WASHINGTON, D.C. - In a pair of May 10 appellant briefs, two plaintiff employee unions tell the District of Columbia Circuit U.S. Court of Appeals that they established standing to bring a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), claiming concrete injuries and constitutional privacy violations (In Re: U.S. Office of Personnel Management Data Security Breach Litigation, No. 17-5217 & 17-5232, D.C. Cir.).

Mealey's Litigation Procedure - Supreme Court To Decide Fairness Of Google Privacy Cy Pres Class Settlement

WASHINGTON, D.C. - The U.S. Supreme Court on April 30 granted certiorari in a dispute over the fairness of the settlement of a privacy class action against Google LLC, in which two objectors contend that the distribution of the $8.5 million settlement to cy pres recipients, rather than to class members, does not constitute a "fair, reasonable, and adequate" settlement of the class claims (Theodore H. Frank, et al. v. Paloma Gaos, et al., No. 17-961, U.S. Sup.).

Mealey's Litigation Procedure - Google Says Standing, Injury Lacking In Suits Over Illinois Biometric Law

CHICAGO - The plaintiffs in two putative class actions alleging violation of Illinois' Biometric Information Privacy Act (BIPA) lack standing under Article III of the U.S. Constitution, Google LLC says in an April 23 summary judgment motion in Illinois federal court, arguing that the plaintiffs have not established a concrete injury under the act (Lindabeth Rivera v. Google LLC, No. 1:16-cv-02714, and Joseph Weiss v. Google LLC, No. 1:16-cv-02870, N.D. Ill.).

Mealey's Health Law - Aetna Will Pay $17 Million To End Privacy Class Suit By HIV Patients

PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement filed Jan. 16 (Andrew Beckett, et al. v. Aetna, Inc., et al., No. 17-3864, E.D. Pa.).

Mealey's Litigation Procedure - Aetna Will Pay $17 Million To End Privacy Class Suit By HIV Patients

PHILADELPHIA - Aetna Inc. and related entities (Aetna, collectively) have agreed to pay $17,161,200 to settle privacy claims by more than 13,400 class members whose HIV status was revealed by the insurer through an indiscreet mailing, according to a motion for preliminary approval of a class action settlement filed Jan. 16 (Andrew Beckett, et al. v. Aetna, Inc., et al., No. 17-3864, E.D. Pa.).

Mealey's Insurance - Insurer Says No Coverage Due In Yahoo Email Scanning Suits

SAN JOSE, Calif. - A commercial general liability (CGL) insurer on Jan. 4 moved for summary judgment in California federal court in a coverage dispute with Yahoo! Inc., arguing that its duty to indemnify was never triggered in underlying privacy lawsuits over the internet firm's former email-scanning practices because no damages award was levied against Yahoo (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 5:17-cv-00489, N.D. Calif.).

Mealey's Litigation Procedure - Google Buzz Class Action Settlement Objector Denied Certiorari Bid

WASHINGTON, D.C. - In its Jan. 8 order list, the U.S. Supreme Court denied a petition for certiorari by a man who claimed to have opted out of the 2011 settlement of a privacy class action against Google Inc. over its now-defunct Google Buzz feature, letting stand a Ninth Circuit U.S. Court of Appeals ruling affirming dismissal of the suit under the doctrine of res judicata (Michael Amalfitano v. Google Inc., No. 17-358, U.S. Sup.).

Mealey's Litigation Procedure - Class Certification, Summary Judgment Motions Filed In Facebook Biometric Suit

SAN FRANCISCO - On Dec. 8, the same day that a group of plaintiffs moved for class certification in their claims under Illinois' Biometric Information Privacy Act (BIPA) against Facebook Inc., the social network moved for summary judgment, telling a California federal court that applying the Illinois law to its out-of-state facial recognition activities would violate the dormant commerce clause of the U.S. Constitution (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).

Mealey's PI/Product Liability - OIG Rescinds Approval Of Drug Patient Assistance Program For Privacy Breaches

WASHINGTON, D.C. - The Office of Inspector General (OIG) on Nov. 28 rescinded a 2006 advisory opinion for the drug patient assistance program Caring Voice Coalition Inc. after determining that the program provided patient-specific data to one or more supporting drug companies, according to an OIG letter and a company statement.

Mealey's IP/Tech - Federal Magistrate Recommends Arbitration Of Barnes & Noble Data Privacy Class Suit

NEW YORK - The arbitration provision in Barnes & Noble Booksellers Inc.'s (B&N) terms of use (TOU) on its website is not unconscionable and therefore must be enforced in a class complaint filed by a customer who claims that information about her online purchase of a DVD was shared with Facebook, a New York federal magistrate judge opined in a Nov. 20 report and recommendation (Melina Bernardino v. Barnes & Noble Booksellers, Inc., No. 17-4570, S.D. N.Y., 2017 U.S. Dist. LEXIS 192814).

Mealey's Litigation Procedure - Federal Magistrate Recommends Arbitration Of Barnes & Noble Data Privacy Class Suit

NEW YORK - The arbitration provision in Barnes & Noble Booksellers Inc.'s (B&N) terms of use (TOU) on its website is not unconscionable and therefore must be enforced in a class complaint filed by a customer who claims that information about her online purchase of a DVD was shared with Facebook, a New York federal magistrate judge opined in a Nov. 20 report and recommendation (Melina Bernardino v. Barnes & Noble Booksellers, Inc., No. 17-4570, S.D. N.Y., 2017 U.S. Dist. LEXIS 192814).