News & Analysis as of

Negligence Private Right of Action

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tank/Groundwater Contamination: Negligence/Trespass/Nuisance Action Filed in Pulaski County, Arkansas Circuit...

Larry and Barbara Ann Morris (“Morris”) filed a Complaint in the Pulaski County, Arkansas Circuit Court on August 22nd alleging groundwater contamination pertaining to fuel related to a North Little Rock, Arkansas retail...more

Mintz

Healthcare Provider Beware: Massachusetts Federal Court Largely Permits Tracking Technologies and Wiretapping Claims To Proceed

Mintz on

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

Freiberger Haber LLP

The Assignment Of Litigation Rights And Champerty

Freiberger Haber LLP on

It is not often that we examine a case involving the doctrine of champerty. The last time we did so was on March 8, 2023 (here). We also examined the champerty doctrine in 2021 (here), 2020 (here), and 2016 (here)....more

Stark & Stark

Navigating Negligence Claims in Amusement Park Injuries: Responsibilities and Rights

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One common cause of action for amusement park injuries, and tort law more broadly, is negligence. An amusement park operator has a duty to protect its patrons from any reasonably foreseeable risks created by its rides and...more

Robinson+Cole Data Privacy + Security Insider

No Private Right of Action under HIPAA, but State Law Claims May Still be Asserted

A federal district court in Montana has confirmed that HIPAA precludes a private right of action for patients to claim an unauthorized access, use, or disclosure of protected health information.  ...more

Goodwin

Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence Is...

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Eighth Circuit Overturns Class Certification in Suit Against TD Ameritrade Holding Corp., Holding Individualized Evidence is Required for Each Putative Class Member; District Judge Approves Magistrate’s Recommendation to Deny...more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

Snell & Wilmer on

On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

McDermott Will & Emery

Importance of CCPA Compliance Highlighted by First Round of Private Actions

McDermott Will & Emery on

The first wave of California Consumer Privacy Act litigation has begun to roll in, and the complaints are already raising interesting questions about the scope of CCPA’s private right of action. The actions assert a variety...more

Mintz - Privacy & Cybersecurity Viewpoints

The First Wave of CCPA Allegations Makes Its Way Into a New Data Breach Class Action Against Salesforce and Hanna Andersson

The companies Salesforce.com, Inc. and Hanna Andersson, LLC are on the receiving end of a novel lawsuit, which appears to be the very first data breach class action ever filed with alleged violations of the California...more

Michigan Auto Law

How the Michigan No-Fault Law Applies to Pedestrian Car Accidents

Michigan Auto Law on

Michigan’s new No-Fault auto insurance law, which took effect on June 11, 2019, affects car accidents with pedestrians in a very specific way. Even if you own a car, at one time or another we’re all walking around on foot....more

Carlton Fields

Emulex Cert Dismissed: Supreme Court Passes on Opportunity to Curtail Federal Court Merger Litigation

Carlton Fields on

Emulex Corp. v. Varjabedian, No. 18-459 (U.S. Apr. 23, 2019) - On April 23, 2019, the U.S. Supreme Court dismissed a writ of certiorari that could have decided whether investors may sue public companies alleged to have...more

Weintraub Tobin

California Supreme Court Holds that Payroll Services Provider ADP Cannot Be Sued for Breach of Contract, Negligence, and Negligent...

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Can an employee sue the employer’s payroll service for failure to correctly process and report payroll? According to the California Supreme Court recent decision in Goonewardene v. ADP, LLC (2019) 6 Cal.5th 817, the answer...more

Holland & Knight LLP

Lack of Statutory Private Right of Action is No Bar to Privacy Suit

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HIPAA and several other privacy laws do not include a private right of action. This is cold comfort for healthcare providers, health plans and other members of the healthcare industry if a patient is able to demonstrate that...more

Lathrop GPM

Missouri Supreme Court Rules that Private Remedies Under the Missouri Human Rights Act Preempt Common Law Claims, Strictly...

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The Missouri Supreme Court recently placed two important restrictions on the ability of a plaintiff to bring a lawsuit for actions that fall within the reach of the Missouri Human Rights Act (MHRA). The Court issued a...more

Fisher Phillips

Is There Automatic Civil Liability For A Data Breach?

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No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry....more

Fisher Phillips

Even More At Stake Than Meets The Eye With Potential HIPAA Violations

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A federal court in New Mexico recently declined to dismiss tort claims asserted by a registered nurse against her employer, a government-run hospital, where she sought and obtained treatment for a brutal sexual assault. In...more

Bond Schoeneck & King PLLC

Health Care: HIPAA Covered Entities - Your Organization’s Liability after a Cyber-Attack (12/15)

It is difficult for companies to manage the rapidly evolving legal landscape of cybersecurity. All companies, no matter the size, are potential targets for a cyber-attack. A common question posed by concerned In-House...more

Carlton Fields

Gatekeeper Liability of Inside Asset Management Attorneys "Appearing" Before the SEC

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This article addresses the liability of inside attorneys at asset management companies— mutual fund sponsors, investment advisers, broker-dealers, life insurance companies—as gatekeepers under rules of the US Securities and...more

Troutman Pepper

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

Troutman Pepper on

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

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