Facebook and Zynga Privacy Litigation Dismissed With Prejudice [Catch up Post]

March 7, 2012 · by

[Post by Venkat Balasubramani] In re Facebook Privacy Litigation, 10-02389 (N.D. Cal.; Nov. 22, 2011) In re Zynga Privacy Litigation, 10-04680 (N.D. Cal.; Nov. 22, 2011) These decisions are several…

Healthcare Data Breach Victims’ Lawsuit Tossed When They Can’t Show Harm–Paul v. Providence

February 29, 2012 · by

…consistent with the numerous cases dismissing data breach claims on Article III grounds. I’d like to think we’re nearing the tail end of data breach lawsuits like this where, irrespective…

Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net

February 19, 2012 · by

…on Krottner (“Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit“) and Ruiz (“9th Circuit Affirms Rejection of Data Breach Claims Against Gap“).) The court distinguishes Krottner and Ruiz on the…

Employee Wins Harassment Claim Based in Part on Co-Workers’ Offsite Blog Posts–Espinoza v. Orange

February 13, 2012 · by

…court concludes that “defendant’s breach was not based on its employees’ use of their work computers but on its own failure to investigate and resolve the problem.” The court later…

Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook

January 30, 2012 · by

…appear to be near NYC, the alleged contract breach means the “locus of operative facts” took place in California, and Fteja’s medical condition (“Ménière’s disease”) won’t keep him off airplanes….

Third Circuit Says Data Breach Plaintiffs Lack Standing Absent Misuse of Data — Reilly v. Ceridian

January 18, 2012 · by

…Hewitt” “Acxiom Not Liable for Security Breach” “When Does a Privacy Policy Breach Support a Breach of Contract Claim? In re JetBlue” “Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit…

Mass Ct: ZIP Code is Personal Identification Info Under Credit Card Statute But Plaintiff Must Still Allege Harm — Tyler v. Michaels Stores

January 10, 2012 · by

…(“Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou.”) Under this theory, her personal information is a valuable piece of…

Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh

December 28, 2011 · by

[Post by Venkat Balasubramani] Eagle v. Morgan, 11-4303 (E.D. Pa.; Dec. 22, 2011) Background: Dr. Linda Eagle, who holds a Ph.D. in communication and psychology, teamed up with Clifford Brody…

Old School Spam Plaintiff Rebuffed in the Ninth Circuit

December 23, 2011 · by

…(consumer protection act, breach of contract) but the court doesn’t give those more than a cursory sentence. Virtumundo, along with Mummagraphics, the two leading appellate cases construing CAN-SPAM preemption, left…

“Economics of Privacy” Conference Recap

December 12, 2011 · by

…their announcement. This was a huge breach. FTC said it was either a deceptive or unfair act. She thinks it was really an unfairness case; it was wedged into the…