Sixth Circuit sides with plaintiffs in data breach class actions, says it would be ‘unreasonable’ for customers to wait for misuse
Mohammad Galaria and Anthony Hancox brought their class actions, in the U.S. District Court for the Southern District of Ohio and U.S. District Court for the District of Kansas, respectively, after hackers breached Nationwide Mutual Insurance Company’s computer network in October 2012 and stole their personal information, along with more than 1 million others.
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit this month affirmed a federal district court’s ruling, holding that the plaintiff’s allegation was, on its own, insufficient to establish Article III standing. Pointing to the U.S. Supreme Court’s ruling in Spokeo v. Robins, the panel said the plaintiff, a former Charter Communications customer, did not allege an injury in fact as required by Article III.
The federal lawmakers, in a letter sent to the head of the Consumer Financial Protection Bureau earlier this month, urged the bureau to consider including a provision in the final rule that allows financial companies to retain class action waivers in their arbitration clauses. Under the CFPB’s current proposal, companies would be prohibited from putting mandatory arbitration clauses in new contracts.
In its brief, the Washington Legal Foundation contends the U.S. District Court for the District of Minnesota erred by holding at the preliminary injunction stage that the plaintiffs’ facial challenge to the Persuader Advice Exemption Rule can succeed only by showing that the rule would be invalid in all of its applications.
Third Circuit affirms dismissal of data breach class action filed against prescription services company
The U.S. Court of Appeals for the Third Circuit, in its ruling last month, effectively quashed the lawsuit filed by a group of former Benecard Services Inc. employees. The plaintiffs, alleging breach of trust and identity fraud, sued their former employer for damages allegedly caused by a data security breach.
The plaintiff in a proposed class action brought against oil giant Chevron Corp. over a gas explosion off the coast of Nigeria has yet to reveal the identity of his third-party funder. Last month, Judge Susan Illston ordered the plaintiff, a Nigerian fisherman, to meet and confer in person regarding the agreement and related documents.
Soon after the U.S. Court of Appeals for the Fifth Circuit’s ruling, the Ninth Circuit went the other way, instead siding with the NLRB’s approach and ruling that individual arbitration waiver agreements are unenforceable under federal law. Other cases raising the same issue currently are pending before the Second, Third, Fourth, Sixth, Eleventh and D.C. Circuits.
Luv N’ Care Ltd., headquartered in Louisiana and one of the leading baby product companies in the world, plans to file a response to Goldberg Cohen LLP’s lawsuit against it later this month. The company says its malpractice lawsuit, filed last year and dismissed last month, had nothing to do with fees.
Intellectual property firm Goldberg Cohen LLP filed its lawsuit against Luv N’ Care Ltd. in a New York federal court this month, accusing its former client of skirting its legal bills, among other claims. Luv N’ Care, mostly known for its Nuby product line, sued the firm last year for its alleged mishandling of patent infringement litigation.