LoanDepot’s “lack of oversight” of its security controls and implementation of enhanced security measures "only after” a January data breach are “inexcusable,” said a class action Tuesday (docket 4:24-cv-00239) in U.S. District Court for Western Missouri in Kansas City.
Indiana Attorney General Todd Rokita (R) and South Bend seek a 30-day deadline extension to May 10 to file their appellees’ opening brief in YouTuber Donald Nicodemus' appeal challenging the district court’s denial of his request for a permanent injunction to block Indiana from enforcing HB-1186, the state’s “buffer law” (see 2401240028), said their joint unopposed motion Tuesday (docket 24-1099) in the 7th U.S. Circuit Court of Appeals. Good cause exists for the requested extension, said the motion. Rokita’s outside counsel will be unable to adequately devote the required time to the brief, it said, citing deadlines, disputes and questions from long-time clients in ongoing matters. HB-1186, which took effect July 1, makes it a misdemeanor to approach within 25 feet of police officers on active duty. Nicodemus periodically livestreams police encounters on his YouTube channel, and he argues that HB-1186 violates the First Amendment because it is “facially overbroad.”
Since AT&T announced Saturday that “data-specific fields” were part of a data set involving 7.6 million current and 65.4 million former customers released on the dark web March 16, nine negligence class actions have been filed in U.S. District Court for Northern Texas in Dallas, including five by Kendall Law.
The personally identifiable information (PII) of some 7.6 million current and 65.4 million former AT&T customers was compromised in a data breach last month due to the carrier's failure to implement "adequate and reasonable" cybersecurity "procedures and protocols,” a negligence class action alleged Saturday (docket 3:24-cv-00757) in U.S. District Court for Northern Texas in Dallas. It was one of at least eight filed over the breach in the Texas court since Saturday.
A “mere risk of future harm” isn’t a concrete injury, and claims for diminished value of personally identifiable information (PII), mitigation expenses, lost time and actual misuse and theft of PII “are insufficient to establish an injury in fact,” said ESO Solutions' motion to dismiss (docket 1:23-cv-01557) a negligence class action Thursday in U.S. District Court for Western Texas in Austin. Essie Jones, one of about 2.7 million individuals whose PII was affected by a September data breach, sued ESO in December for failing to maintain proper safeguards in its computer systems (see 2312220025). Jones’ case was consolidated with five others arising from the same breach in January (see 2401100021). Plaintiffs fail to properly trace their alleged injuries to the data breach, so the court lacks subject-matter jurisdiction, said the motion. ESO owed no duty to plaintiffs, whose allegations don’t demonstrate proximate cause, and they haven’t alleged sufficient damages, the motion said. A plaintiff's obligation to provide grounds of his entitlement to relief requires "more than labels and conclusions," it said, citing Ashcroft v. Iqbal. “A formulaic recitation of the elements of a cause of action will not do.”
Andy Bechtolsheim, co-founder and chief architect of Arista Networks, agreed to pay a $923,740 penalty to settle an insider trading fraud case, said the SEC in a news release Tuesday. Bechtolsheim, Arista chairman at the time of the cited misconduct, also agreed, "without admitting or denying the allegations in the SEC’s complaint," to be barred from serving as an officer or director of a public company for five years, it said.
YouTuber Donald Nicodemus’ appeal to reverse the district court’s denial of his motion for an injunction to block Indiana’s “buffer law,” HB-1186, implicates the law’s “First Amendment abridgments,” said the Radio Television Digital News Association, the National Press Photographers Association and four other news media organizations in an amicus brief (docket 24-1009) in the 7th U.S. Circuit Court of Appeals in support of Nicodemus.
Ten Amazon Prime members filed a breach of contract class action (docket 2:24-cv-00364) against Amazon Tuesday in U.S. District Court for Western Washington in Seattle over the $2.99 Prime Video add-on fee it implemented in January.
Despite contractual and other legal obligations, an ex-Apple software engineer “repeatedly flouted his promise to keep Apple’s information confidential,” alleged Apple's breach of contract complaint Monday (docket 24-cv-433319) in Santa Clara County Superior Court.
The 38 plaintiffs’ privacy complaint vs. Apple over the stalking capabilities of the AirTag tracking device has alleged enough to survive Apple’s motion to dismiss, though most of the claims are “inadequately pled,” said U.S. District Judge Vince Chhabria for Northern California in a signed order Friday (docket 3:22-cv-07668) in which he partially denied and partially granted Apple’s motion. The ruling addresses negligence and product liability claims of five plaintiffs who were injured in California.