On August 6, 2015, the Illinois Court of Appeals issued its opinion in Maglio v. Advocate Health and Hosp. Corp., dismissing the complaints filed in two class action lawsuits seeking damages related to a theft of Advocate Health’s computers containing information… Continue Reading →
Purchasers of cars manufactured by Fiat Chrysler Automobiles (FCA) have filed a purported class action in the U.S. District Court for the Southern District of Illinois arising out of their cars’ vulnerability to hackers taking control of their cars’ functions,… Continue Reading →
On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Remijas v. Neiman Marcus Group, LLC, directly addressing Article III of the U.S. Constitution, the standing for data breach plaintiffs. The issue of… Continue Reading →
On July 1, 2015, Home Depot filed a motion to dismiss the “Financial Institution Plaintiffs’” class action lawsuit filed in the District Court for the Northern District of Georgia. The class action is based on the breach suffered by Home… Continue Reading →
Last year, there were a number of high profile breaches—earning 2014 the “Year of the Breach” tag. This year is seeing the fallout, as many of these breaches have resulted in significant litigation. For example, the Home Depot breach in April… Continue Reading →
On May 11, 2015, the U.S. District Court of Utah denied an insured’s motion for partial summary judgment in Travelers Property Casualty Company of America et al. v. Federal Recovery Serv.et al. The court found there was no duty to… Continue Reading →
Lawyers for a portion of the Financial Institution Plaintiffs in the Target class action litigation (including smaller financial institutions Umpqua Bank, Mutual Bank, Village Bank, CSE Federal Credit Union and First Federal Savings of Lorain) filed a motion for preliminary injunction to block… Continue Reading →
Last week, Target announced a $19 million settlement with MasterCard, a “Financial Institution Plaintiff,” as a result of the 2013 data breach at its stores. The terms of the settlement agreement are rather complex and call for Target funding “alternative… Continue Reading →
The United States District Court for the District of New Jersey dismissed a derivative suit brought by shareholders on behalf of Wyndham Worldwide Corporation following a series of data breaches within the Company. After Wyndham’s Board of Directors unanimously voted to refuse… Continue Reading →
In First Commonwealth Bank v. St. Paul Mercury Ins. Co., No. 2:14-cv-00019-MPK (W.D. Pa.), St. Paul, the insurer for a bank, First Commonwealth, filed a motion to dismiss First Commonwealth’s breach of contract claim which sought coverage under a professional liability… Continue Reading →
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