Dismissal of Data Breach Class Action Lawsuit
We obtained a favorable decision from the Third Circuit Court of Appeals in a data breach class action lawsuit. The plaintiffs and the proposed class members were employees and customers of an on-line prescription drug company. The company was allegedly a victim of a hacking incident in which W-2 and other personal information of employees and customers were compromised. In 2015, our client’s motion to dismiss was granted on the basis that no implied contract existed with the entities for privacy protection and the negligence claims were not available under Pennsylvania law. The plaintiffs appealed to the Third Circuit, which affirmed the District Court’s decision dismissing all counts against our clients.