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Latest Cases & Developments
Date:
Vernon v. The Trs. of Gaston Coll. (N.C. Super. Ct. Aug. 21, 2024)
Order and Opinion granting in part and denying in part Defendant’s Motions to Dismiss in three related cases. Plaintiffs, students at Gaston College in 2023, separately initiated a trio of putative class action cases against the College to recover based on its alleged failure to safeguard confidential personal information due to a data breach. In February 2023, the College reported a data breach that potentially compromised plaintiffs’ private information. Plaintiffs brought claims of (1) breach of contract; (2) breach of implied contract; and (3) unjust enrichment. The Court granted the College’s motions to dismiss claims for unjust enrichment as barred by sovereign immunity, but declined to dismiss plaintiffs’ breach of contract claims, finding a contract between the parties since plaintiffs paid the College in exchange for services, which allegedly included a promise to secure, safeguard, and not disclose plaintiffs’ personal identifying or private information.
Topics:
Data Privacy | Privacy & TransparencyDate:
Boje v. Mercyhurst Univ. (W.D. Pa. Mar. 6, 2024)
Memorandum Opinion granting Defendant’s Motion to Dismiss. Plaintiff, a former student at Mercyhurst University, on behalf of himself and a putative class, brought negligence and related state-law claims against the University after he received notice in late 2022 that his personally identifiable information was compromised in a data breach earlier that year and was offered twelve months of credit monitoring protection. In granting the University’s motion to dismiss, the court held that plaintiff lacked standing, finding that without an allegation that he had suffered actual identity theft or facts suggesting that misuse was imminent (such as publication of his data on the Dark Web) plaintiff failed to allege injury in fact. The court then remanded the matter to the state court.
Topics:
Data Privacy | Litigation, Mediation & Arbitration | Privacy & Transparency | Tort Litigation
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