Trial lawyers know that winning a motion to dismiss under Rule 12b6 can be as elusive as a double rainbow. Should you be so lucky as to win a motion to dismiss, a recent decision highlights how important it is to use care in crafting the order granting your victory.
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Court Dismisses Data Privacy Litigation Alleging Defendant Failed to Maintain Reasonable Security Procedures in Wake of Data Breach Tuesday, April 13, 2021
Newman v. Total Quality Logistics, 2021 U.S. Dist. LEXIS 60651 (S.D. Ohio Mar. 30, 2021). Read on to learn more.
First, some background. Plaintiffs (various trucking companies) sued Totally Quality Logistics (a freight brokerage firm that connects its customers to freight carriers) in the wake of a data event. In the course of providing its brokerage services, Defendant acquired personal and financial information on many of the carriers such as social security numbers, tax identification numbers, bank account numbers, and invoice information. Plaintiffs brought a class action alleging negligence, breach of implied contract, and negligence