Article III Standing

On January 24, the Supreme Court granted certiorari in Laboratory Corporation of America Holdings v. Davis to address a long-unsettled issue central to class-action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury.”Continue Reading Supreme Court to Decide If Presence of Uninjured Class Members Defeats Class Certification

A Pennsylvania court recently dismissed a wiretapping complaint filed against a trio of defendants for lack of Article III standing, lack of personal jurisdiction, and failure to state a claim in Ingrao v. Addshoppers, Inc., 2024 WL 4892514 (E.D. Pa. Nov. 25, 2024).

The two plaintiffs in this case…

Continue Reading Pennsylvania Court Dismisses A Trio of Defendants in Website Wiretapping Suit Challenging Email Marketing Program

A Colorado federal judge recently granted a motion to dismiss a putative class action against two healthcare software companies arising from a 2022 data breach in which a threat actor allegedly accessed personally identifiable information (“PII”) and protected health information (“PHI”) in “over 250,000 patient records.”  See Henderson v. Reventics, LLC, 2024 WL 5241386 (D. Colo. Sept. 30, 2024).Continue Reading Colorado Federal Court Dismisses Data Breach Class Action for Lack of Article III Standing

The Northern District of Ohio recently granted summary judgment to Ancestry.com in a putative class action asserting that Ancestry.com violated plaintiff’s rights to publicity and privacy by using his yearbook photos in marketing materials without consent.  See Wilson v. Ancestry.com, 2024 WL 3992356 (N.D. Ohio Aug. 27, 2024).Continue Reading Ohio Federal Court Grants Summary Judgment on Right of Publicity and Invasion of Privacy Claims Involving Yearbook Photos

Under Ninth Circuit precedent, when a defendant brings a factual challenge to jurisdiction, the district court may resolve factual disputes so long as the jurisdictional and merits inquiries are not intertwined.  But where the jurisdictional and merits inquiries are intertwined, the court must treat the motion like a motion for summary judgment and “leave the resolution of material factual disputes to the trier of fact.”  The Ninth Circuit recently confirmed that the same rules apply to a factual challenge to Article III standing.Continue Reading Ninth Circuit Holds Courts Cannot Decide Factual Disputes in Standing Challenges Where Standing and Merits Analyses Are Intertwined

A California federal judge has denied class certification in a data privacy lawsuit against Yodlee, Inc., finding that the proposed class representatives lacked Article III standing and failed to satisfy Rule 23’s typicality and adequacy requirements.  Covington represents Yodlee in this action.  Clark v. Yodlee, No. 20-cv-05991-SK (N.D. Cal.)…

Continue Reading California Federal Court Denies Class Certification in Data Privacy Case

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

An Ohio federal district court recently dismissed for lack of subject matter jurisdiction a class action complaint asserting claims arising from a data breach experienced by defendant Associated Materials, LLC.  See Marlin v. Associated Materials, LLC, 2024 WL 2319115 (N.D. Ohio May 22, 2024).Continue Reading Ohio Federal Court Dismisses Data Breach Lawsuit for Lack of Article III Standing

In two recent decisions, federal courts of appeals confirmed they are prepared to give close scrutiny to a class settlement that offers a hefty payday to plaintiffs’ counsel with very little genuine benefit to any class.Continue Reading A Closer Look:  Appellate Courts Closely Scrutinize Settlements

Courts have recently been grappling with an influx of class actions alleging that company websites are in violation of wiretapping and other privacy laws when using third-party technology to provide services on their websites.  Three different federal courts recently dismissed cases on similar grounds, demonstrating the challenges plaintiffs face with maintaining them and strategies defendants should keep in mind to defeat them. 

Two of the cases accuse healthcare providers of improperly sharing personal health information with third-party technology companies through the use of pixel technologies on the healthcare provider’s website.  In the first case, Doe v. Davita, Inc., plaintiffs accused Davita—a kidney dialysis provider—of violating the California Invasion of Privacy Act (“CIPA”) and other laws by purportedly collecting “patients’ personal and sensitive medical information on the Online Platforms and … improperly shar[ing] [this information] with the Tracking Technologies without patients’ consent.”  2024 WL 1772854, at *2 (S.D. Cal. April 24, 2024).  The court disagreed and dismissed the claims, holding that plaintiffs did “not explain what specific information they provided to Defendant” and calling their claims “conclusory.”  Id.  The complaint, said the court, was “devoid of any facts supporting” plaintiffs’ contentions that Davita disclosed “personal, confidential, and sensitive medical information; medical treatment; and payment information” with the third party.  Id. Continue Reading Lack of Plaintiff-Specific Allegations Dooms California, Pennsylvania Privacy-Based Class Actions