Ikon Office Solutions Had no Duty to Disclose That Office Equipment Retained Data — Putnam Bank v. Ikon Office Solutions
…[Non]enforceability of Privacy Promises–Pinero v. Jackson Hewitt Acxiom Not Liable for Security Breach–Bell v. Acxiom When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue…
The 9th Circuit Tackles a Pair of Internet Jurisdiction Cases
…by CollegeSource and which contained CollegeSource’s watermark. CollegeSource sued, alleging Computer Fraud and Abuse Act and terms of use (breach of contract) violations. (Here’s a post on the Pennsylvania edition…
Idea Submission Case Revived Against MySpace–Riggs v. MySpace
…fraud breach of contract claim” (whatever that means) for lack of cognizable damages. However, in an unexpected turn, the court revived her idea submission claim (an implied-in-fact contract breach) “because…
Court Finds That the Value of Bartered-For Services Constitutes Loss Under the Computer Fraud and Abuse Act — Animators at Law v. Capital Legal Solutions
…the issue of what “losses” Animators had suffered as a result of the alleged data breach. Following limited discovery, the ex-employees brought a motion for summary judgment. The court denies…
Court Dismisses Misappropriation Claims Against Facebook Over Its Friend Finder Service — Cohen v. Facebook
…“property,” but the court does not discuss that possibility here. See “Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff“.) __ I’d characterize this…
Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank
[Post by Venkat Balasubramani] We have posted on numerous cases involving data breach plaintiffs who are rebuffed by courts because they have not suffered cognizable harm such as out-of-pocket losses….
Injured Pedestrian Can’t Sue Google for Providing Faulty Map Information — Rosenberg v. Harwood
…highway such as the one she was on, the court says that an accident involving a pedestrian likely involves the pedestrian’s own breach of their duty to yield to cars…
April-May 2011 Quick Links, Part 3
…claims for the use of copyrighted material.” The panel also reversed the district court conclusion that a “breach of confidence” claim was preempted. * Many publicity rights complaints over Facebook’s…
Updates on DoctoredReviews.com and Medical Justice
…baffling argument because (as Timothy points out) those folks undoubtedly haven’t signed the Mutual Agreement to Maintain Privacy, so doctors can neither assert a breach of the agreement nor the…
Yahoo! Entitled to Immunity for Disclosing User Information in Response to Subpoena — Sams v. Yahoo!
…requested information regarding Sams’s account. She brought a putative class action asserting a variety of claims, including a state law privacy claim, breach of contract, breach of the duty of…