In the privacy world, pixels, cookies, and tracking technologies get all the attention these days. Plaintiffs and regulators alike have been working to persuade courts nationwide that the presence of third-party tracking...more
On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data...more
US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more
The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more
Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more
Recently, in McMillan v. Amazon.com, Inc., No. 18-CV-2242, 2020 U.S. Dist. LEXIS 102025, the United States District Court for the Southern District of Texas ruled that Amazon.com, Inc. (Amazon) could be held liable as a...more
The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy...more
Players of the popular Fortnite video game have filed a proposed class action suit against the video game’s owner, Epic Games Inc. (“Epic”) alleging that Epic failed to protect players’ accounts, allowing hackers access to...more
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
Lincare Holdings Inc. (Lincare), following mediation, recently entered into a settlement with its employees regarding a data breach that took place on February 3, 2017. ...more
Phishing. Spoofing. - These words may sound silly, but for employers, they are anything but. Phishing is the attempt to obtain sensitive electronic information—such as usernames, passwords, or financial...more
After Yahoo! Inc. suffered three data breaches in a span of four years, plaintiffs brought a putative class action lawsuit against the internet service provider and a subsidiary (collectively, “Yahoo”), alleging defendants...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more
A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more
In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more
Faced with the rising costs of doing business in our increasingly litigious society, today's employers are looking at any way to manage fees and costs associated with resolving disputes over employment decisions. Some of the...more
An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice...more