LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Privacy Plaintiff Moves To Dismiss Error Page Advertiser's Defamation Claims

NEW YORK - The lead plaintiff in a putative class action against a provider of advertising services for Internet error pages moved for summary judgment of that firm's defamation counterclaims in New York federal court on March 28, asserting that she did not make the purportedly defamatory statements attributed to her, which the defendant cites as examples of a conspiracy at the heart of the class complaint (Betsy Feist v. Paxfire Inc., et al., No. 1:11-cv-05436, S.D. N.Y.).

Mealey's Litigation Procedure - Google, Oracle Asked To Refrain From Online Jury Member Search In Retrial

SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).

Mealey's IP/Tech - Google, Oracle Asked To Refrain From Online Jury Member Search In Retrial

SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).

Mealey's Litigation Procedure - Facebook Privacy Suit Plaintiffs Move To Compel Discovery, Oppose Stay

SAN JOSE, Calif. - A group of plaintiffs in a privacy suit against Facebook Inc. filed a motion to compel in California federal court on March 16, complaining that the social network operator "has unilaterally granted itself a stay of discovery" and asking the court to order compliance with their previous discovery requests for certain categories of documents (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314; N.D. Calif.).

Mealey's IP/Tech - Facebook Seeks Discovery Stay In Tracking Case Pending Dismissal Motion Ruling

SAN JOSE, Calif. - Facebook Inc. filed a motion for a protective order March 2 in California federal court, asserting that a four-year-old privacy suit over its purported use of tracking cookies should be stayed pending resolution of the social network's second dismissal motion (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).

Mealey's Litigation Procedure - Facebook Seeks Discovery Stay In Tracking Case Pending Dismissal Motion Ruling

SAN JOSE, Calif. - Facebook Inc. filed a motion for a protective order March 2 in California federal court, asserting that a four-year-old privacy suit over its purported use of tracking cookies should be stayed pending resolution of the social network's second dismissal motion (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).

Mealey's Litigation Procedure - Shutterfly Says Deposition In Biometrics Class Action Is Premature, Illogical

CHICAGO - Supporting its motion for a protective order in a putative class action alleging violation of the Illinois Biometric Information Privacy Act (BIPA), photo-sharing website operator Shutterfly Inc. on March 1 told an Illinois federal court that the plaintiff's noticed deposition does not make "logical sense at this stage of the proceedings" (Brian Norberg v. Shutterfly Inc., et al., No. 1:15-cv-05351, N.D. Ill.).

Mealey's Litigation Procedure - Class Certification Again Granted In Driver's License Disclosure Suit

MADISON, Wis. - A Wisconsin federal judge on Feb. 26 again granted class certification in a suit accusing a bank of violating the Driver's Privacy Protection Act (DPPA) and the common law of nuisance by disclosing individuals' unredacted driver's license numbers in small claims court complaints (Brian Eggen, et al. v. WESTconsin Credit Union, No. 14-873, W.D. Wis.; 2015 U.S. Dist. LEXIS 173100).

Mealey's Litigation Procedure - Apple Ordered To Unlock San Bernardino Terrorists' IPhone, Vows To Oppose

RIVERSIDE, Calif. - The same day that a California federal magistrate judge issued an order compelling Apple Inc. to "unlock" a cellular phone owned by one of the shooters in the December San Bernardino, Calif., attack, Apple on Feb. 16 released a public statement asserting its opposition to the order out of a concern for privacy and security from technology and a precedent that "would undermine the very freedoms and liberty our government is meant to protect" (In the matter of the search of an Apple iPhone seized during the execution of a search warrant on a Black Lexus IS300, California License Plate 35KGD203, No. 5:15-mj-00451, C.D. Calif.).

Mealey's IP/Tech - President Obama Announces Cybersecurity Plan Aimed At Privacy, Security, Modernization

WASHINGTON, D.C. - In a Feb. 9 press release and accompanying fact sheet, President Barack Obama announced that his administration is launching a Cybersecurity National Action Plan (CNAP) with the goal "to enhance cybersecurity awareness and protections, protect privacy, maintain public safety as well as economic and national security, and empower Americans to take better control of their digital security."

Mealey's IP/Tech - Lanham Act Dispute Over Hacky Sack Claims Dismissed

CHICAGO - Citing the "farcical nature" of a television commercial for the popular 5-Hour Energy drink, an Illinois federal judge on Feb. 1 dismissed allegations of false advertising and invasion of privacy levied against the drink maker (Johannes T. Martin v. Living Essentials LLC, No. 15-1647, N.D. Ill.; 2016 U.S. Dist. LEXIS 11287).

Mealey's Insurance - L.A. Lakers, Insurer Spar In 9th Circuit Over TCPA Claim, Invasion Of Privacy

SAN FRANCISCO - With a Jan. 22 reply brief filed in the Ninth Circuit U.S. Court of Appeals, the Los Angeles Lakers Inc. argue that an underlying class action brought against the team for purported violation of the Telephone Consumer Protection ACT (TCPA) did not constitute a claim for invasion of privacy and, therefore, its insurer wrongly denied coverage for that underlying suit (Los Angeles Lakers Inc. v. Federal Insurance Co., No. 15-55777, 9th Cir.).

Mealey's Litigation Procedure - Parties Agree To $9 Million Settlement In Privacy Suit Over Mobile Device Software

SAN FRANCISCO - The plaintiffs in a consolidated class action against the maker of mobile device software that purportedly shared personal data with third parties filed a motion in California federal court on Jan. 22, seeking approval of a $9 million settlement reached with the software firm and several mobile device manufacturer co-defendants (In re Carrier iQ Inc. Consumer Privacy Litigation, No. 3:12-md-02330, N.D. Calif.).

Mealey's Litigation Procedure - Plaintiffs Move For Approval Of Settlement In Yahoo Mail-Scanning Class Action

SAN JOSE, Calif. - A group of email users that asserted privacy violations against Yahoo Inc. filed a motion in California federal court Jan. 7, seeking preliminary approval of a settlement of their class action, voicing their satisfaction with Yahoo's agreement to change the manner in which it will "process all incoming and outgoing email" to a way that complies with the California Invasion of Privacy Act (***) (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).

Mealey's IP/Tech - Plaintiffs Move For Approval Of Settlement In Yahoo Mail-Scanning Class Action

SAN JOSE, Calif. - A group of email users that asserted privacy violations against Yahoo Inc. filed a motion in California federal court Jan. 7, seeking preliminary approval of a settlement of their class action, voicing their satisfaction with Yahoo's agreement to change the manner in which it will "process all incoming and outgoing email" to a way that complies with the California Invasion of Privacy Act (***) (In Re Yahoo Mail Litigation, No. 5:13-cv-04980, N.D. Calif.).

Mealey's Litigation Procedure - Class Certification Granted In Suit Over Disclosure Of Drivers' License Numbers

MADISON, Wis. - A Wisconsin federal judge on Dec. 30 granted a motion for class certification filed in a suit accusing a bank of violating the Driver's Privacy Protection Act (DPPA) and the common law of nuisance by disclosing individuals' unredacted driver's license numbers in small claims court complaints; however, the judge directed the parties to show cause why the class definition should not be narrowed with respect to time and the type of lawsuit in which the defendant allegedly disclosed a driver's license number (Brian Eggen, et al. v. WESTconsin Credit Union, No. 14-873, W.D. Wis.; 2015 U.S. Dist. LEXIS 173100).

Mealey's Insurance - 'ZIP Code Case Under Any Other Label Remains A ZIP Code Case,' 9th Circuit Says

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 7 affirmed a lower federal court's ruling that insurers have no duty to defend their insured against underlying claims that it infringed on privacy rights in violation of the Song-Beverly Act of 1991, California Civil Code Section 1747.08(a)-(b) (Big 5 Sporting Goods Corp. v. Zurich American Insurance Co., et al., No. 13-56249, 9th Cir.; 2015 U.S. App. LEXIS 21185).

Mealey's Antitrust/Unfair Competition - Vizio Hit With Class Actions Over Tracking Software On Smart TVs

SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).

Mealey's Litigation Procedure - Vizio Hit With Class Actions Over Tracking Software On Smart TVs

SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).

Mealey's Litigation Procedure - 9th Circuit Revives Privacy Class Claims Over Google's Cookie Placement

PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).

Mealey's IP/Tech - 9th Circuit Revives Privacy Class Claims Over Google's Cookie Placement

PHILADELPHIA - Mostly affirming a lower court's dismissal of putative class claims under federal and state law related to the purported placing of tracking cookies on users' computers by Google Inc., a Third Circuit U.S. Court of Appeals panel on Nov. 10 found merit to the plaintiffs' California state law privacy claims, reversing in part and remanding the trial court's judgment (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 13-4300, 3rd Cir.; 2015 U.S. App. LEXIS 19581).

Mealey's Litigation Procedure - Amici Tell 9th Circuit That Telephony Metadata Merits 4th Amendment Protection

SAN FRANCISCO - A group of public interest and privacy rights organizations filed an amicus curiae brief in the Ninth Circuit U.S. Court of Appeals on Nov. 5 supporting four defendants that were convicted for supporting terrorists based on telephony metadata that the amici contend was unlawfully collected by the government per the USA Patriot Act in violation of the defendants' rights under the First and Fourth Amendments to the U.S. Constitution (United States of America v. Basaaly Saeed Moalin, et al., No. 13-50572, 13-50578, 13-50580 and 14-50051, 9th Cir.).

Mealey's Litigation Procedure - FBI Agent's Deposition In Leaked, Collected Email Suit Partly Limited By Judge

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 4 granted in part a motion for a protective order by the U.S. government related to an upcoming deposition of a Federal Bureau of Investigation agent in a Privacy Act case related to emails that were leaked to the media, while also directing the FBI to provide responses to previously unanswered deposition questions and written discovery requests (Gilberte Jill Kelley, et al. v. Federal Bureau of Investigation, et al., No. 1:13-cv-00825, D. D.C.).

Mealey's Litigation Procedure - New York Federal Judge Tosses Disney Video Privacy Class Complaint

NEW YORK - A New York federal judge on Oct. 20 dismissed a class complaint that accused Disney Online of violating the Video Privacy Protection Act (VPPA) by unlawfully disclosing personal information collected via a Disney app, after determining that the information disclosed did not violate the federal law (James Robinson, et al. v. Disney Online D/B/A Disney Interactive, No. 14-4146, S.D. N.Y.; 2015 U.S. Dist. LEXIS 142486).

Mealey's Litigation Procedure - Judge Finds Path Officers Not Exempt From Depositions In Privacy Suit

SAN FRANCISCO - Two officers from a firm that makes applications (apps) used on certain Apple Inc. devices (iDevices), which are at the heart of a privacy class action, are not exempt from submitting to the plaintiffs' deposition requests, a California federal judge ruled Oct. 8, finding that both officers possessed unique and personal knowledge of the purported privacy violations (Marc Opperman, et al. v. Path Inc., et al., No. 3:13-CV-00453, N.D. Calif.).