The Eleventh Circuit's recent ruling in In re Brinker Data Incident Litigation ("Brinker") is the first time that a federal circuit court has ruled on a lower court's grant of class certification.
The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class.
Eleventh Circuit Vacates Closely-Watched Data Breach Class Certification in Part natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense.
COVID-19
Most Courts Are Rejecting All Risk Insurance Policy
Claims Related to COVID-19 The overwhelming majority of courts have concluded that
neither COVID-19 nor the governmental orders associated with it
cause or constitute property loss or damage for purposes of
insurance coverage. So concluded the district court in
Out West Restaurant Gp., Inc. v. Affiliated FM Ins. Co.,
No. 20-cv-06786, 2021 WL 1056627 (N.D. Cal. March 19, 2021). The
court continued, These decisions have reasoned that the virus
fails to cause physical alteration of property because temporary
loss of use of property (if any) during a pandemic and while
government orders are in effect does not qualify as physical loss