Personal Injury Privacy Civil Procedure

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Financial Institutions’ Claims in Data Breach Litigation Survive Target’s Motion to Dismiss

In a much anticipated decision, a United States District Court in Minnesota denied Target’s attempt to dismiss financial institutions’ putative class action claims relating to losses they suffered as a result of last year’s...more

Provider Beware: HIPAA and State Privacy Laws May Inform Negligence Suits

A recent opinion from the Connecticut Supreme Court illustrates that HIPAA is not the only law that covered entities and business associates must worry about if an unauthorized disclosure of protected health information (PHI)...more

Indiana Appeals Court Upholds Jury Verdict For Pharmacist’s Wrongful Use Of Patient Information

A recent decision by the Court of Appeals of Indiana reinforces the peril faced by health care employers when employees authorized to access confidential information do so for improper purposes. In Walgreen Co. v. Hinchy, the...more

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

Connecticut Supreme Court Ruling Allows Private Plaintiff to Assert Negligence Claims Based on HIPAA

Recently, the Connecticut Supreme Court ruled that a plaintiff may assert state law negligence claims against a healthcare clinic that allegedly released confidential patient health data based on the Health Insurance...more

Connecticut Supreme Court Overturns HIPAA-Based Dismissal of State Law Privacy Claims

On Tuesday, November 4, 2014, the Connecticut Supreme Court announced its decision to overturn a trial court’s determination that a plaintiff could not bring state common law claims for negligence and negligent infliction of...more

Responding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims

Healthcare providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and...more

A Recent State Supreme Court Ruling Opens the Door for Breach of Privacy Claims Against Health Care Providers

It has long been established that there was no private right of action with regard to HIPAA. All providers must be aware that state courts are beginning to turn the tide regarding such liability. On November 11, 2014, the...more

Connecticut Supreme Court Recognizes Right to Sue for Negligence Using HIPAA as Standard of Care

In a decision released November 11, 2014, the Connecticut Supreme Court reversed the judgment of the trial court and held for the first time in Connecticut that (1) HIPAA does not preempt state common law claims for...more

Blog: Connecticut Court Holds HIPAA Does Not Preempt Common Law Claim for Breach of Confidentiality

The Connecticut Supreme Court held that the federal Health Insurance Portability and Accountability Act (HIPAA) does not bar individuals from bringing negligence and emotional distress claims under state common law for breach...more

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,...more

Don’t Throw It Away: A Company May Not Have Rights to Confidential Information It Puts in the Garbage

Greenpeace, Inc. v. The Dow Chemical Co. - In an opinion that should remind us all of the importance of properly disposing of documents, the District of Columbia Court of Appeals upheld the dismissal of Greenpeace’s...more

New York Court Holds No Coverage for Publication of Credit Card Information

In its recent decision in Nat’l Fire Ins. Co. v. E. Mishan & Sons, Inc., 2014 U.S. Dist. LEXIS 130608 (S.D.N.Y. Sept. 16, 2014), the United States District Court for the Southern District of New York had occasion to consider...more

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use

An Illinois Appellate Court recently held that an employer must defend against a wrongful death lawsuit alleging that it was negligent in failing to investigate death threats that its employee had emailed to his family from...more

Legal Updates for Government Entities Covering May and June 2014

Arizona Court of Appeals (heading) Immunity under A.R.S. § 12-820.03 Glazer v. State of Arizona, --P.3d--, 2014 WL949114 (Ariz.App. 2014) This case arises out of a cross-over crash on I-10 south of...more

Doping tests and privacy rights in Spain: a key court decision

No one can deny that, over the last decade, Spain has taken the fight against Sports’ doping networks very seriously. In 2006 and 2013, two demanding laws for the health protection of federated sportsmen and the prosecution...more

Stolen Customer Data Results in Ontario's First Certified Privacy Class Action

Businesses that collect personal information have an added incentive to monitor employees handling customer data – Ontario's first class action arising from the new tort of "intrusion upon seclusion" was certified last week....more

Possibility Of Future Harm Allows Sony Data Breach Plaintiffs To Survive Motion To Dismiss

Courts Split Over Impact of Supreme Court Decision - The Southern District of California last month let 8 out of 51 claims survive in a putative class action arising out of the 2011 breach of the Sony PlayStation...more

Third Circuit Attempts to Untangle Defamation and False Light Invasion of Privacy

CaptureIn Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The...more

UK Court Confirms Privacy Tort And Addresses Meaning Of Personal Information

On January 16, 2014, the English High Court of Justice issued reasons in Vidal-Hall v. Google Inc. relating to an appeal of a Master’s decision to allow Google to be served outside of the jurisdiction in relation to claims...more

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

Defamation – Government proposals in relation to costs protection in defamation and privacy claims

On 13 September, the Government opened its consultation on proposed changes to costs protection in defamation and privacy cases. These proposals reflect the suggestion by Lord Justice Leveson that the qualified one-way costs...more

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

Sixth Circuit to Construe Scope of CDA Section 230 Immunity on Appeal of Unusual Jones v. Dirty World Decision

How can a website operator lose the broad immunity for liability associated with user-generated content conferred by Section 230 of the Communications Decency Act (CDA)? Section 230 has been consistently interpreted by...more

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