With the growing popularity in cryptocurrency investments, class actions related to crypto assets have soared. These lawsuits raise a host of novel legal questions, including how established personal jurisdiction principles apply to crypto companies. A Colorado federal court recently provided guidance on this question, dismissing a lawsuit involving crypto wallet Atomic Wallet for lack of personal jurisdiction. See Meany v. Atomic Protocol Sys. OU, 2024 WL 4135762 (D. Colo. Sept. 10, 2024).Continue Reading A Closer Look: Court Applies Established Personal Jurisdiction Principles to Dismiss Crypto Wallet Companies In Class Action Filed After $100 Million North Korean Crypto Hack.
Multiple Claims Dismissed from Putative Class Action Involving Cyber Attack on Data Storage Devices
A federal court in the Northern District of California recently dismissed the majority of claims from a putative class action against Western Digital, in which plaintiffs claim that alleged security flaws in the manufacturer’s data storage devices allowed cyber hackers to access and delete plaintiffs’ data. See Riordan v. W. Digital Corp., No. 21-CV-06074-EJD, 2024 WL 2868152 (N.D. Cal. June 5, 2024). The court previously granted in part Western Digital’s motion to dismiss with leave to amend.Continue Reading Multiple Claims Dismissed from Putative Class Action Involving Cyber Attack on Data Storage Devices
Court finds Plaintiffs Fail to Plead CMIA, CIPA Claims against Health Care Corporation based on Conclusory, Hypothetical, and Vague Assertions
A court in the Southern District of California recently dismissed for failure to state a claim a case contending that a health care corporation violated users’ privacy under California law. See Cousin v. Sharp Healthcare, No. 22-CV-2040-MMA (DDL), 2023 WL 4484441 (S.D. Cal. July 12, 2023).
In the proposed class action suit against Sharp Healthcare, a non-profit that operates multiple hospitals and medical groups, plaintiffs alleged violations of privacy under the California Constitution and common law, as well as violations of the California Confidentiality of Medical Information Act (“CMIA”) and California Invasion of Privacy Act (“CIPA”). Plaintiffs claimed that Sharp collected and shared patients’ personal and sensitive health information by incorporating a third-party pixel on Sharp’s website.Continue Reading Court finds Plaintiffs Fail to Plead CMIA, CIPA Claims against Health Care Corporation based on Conclusory, Hypothetical, and Vague Assertions
Court finds Plaintiffs Pled “Just Barely Enough” to Withstand Dismissal of California Wiretapping Claim against Data Broker
A judge in the Northern District of California granted in part and denied in part Oracle America, Inc.’s motion to dismiss a putative class action alleging that the data broker collects and sells internet users’ personal information for targeting advertising and other purposes in violation of wiretapping acts and privacy-based laws. See Order Granting in Part and Denying in Part Motion to Dismiss, Katz-Lacabe v. Oracle Am., No. 3:22-cv-04792-RS (N.D. Cal. Apr. 6, 2023). In the suit against Oracle, the three named plaintiffs – residents of California, Florida, and Ireland – purported to represent five separate classes of individuals, including a California class, nationwide class, and global class.Continue Reading Court finds Plaintiffs Pled “Just Barely Enough” to Withstand Dismissal of California Wiretapping Claim against Data Broker