5 and
even The World Health Organization,
6 it seems that no one is beyond of
the reach of the class action, especially in the wake of the
coronavirus pandemic. But have the plaintiffs in these cases
suffered a bona fide injury caused by the defendants
conduct?
Many contemporary class actions exhibit features of what one
legal scholar of past mass tort waves dubbed the entrepreneurial model
7 of lawyer-driven litigation. This
article examines those features and the problems they present, and
discusses how they can be leveraged in the defense of class
actions-from standing to certification to merits.
Background: The Entrepreneurial Model of Mass
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Assessing Damages in Data Privacy and Data Breach Class Actions Involving Health Data in the Wake of COVID-19 Monday, March 15, 2021
The COVID-19 pandemic, which has generated a surge in telehealth and introduced the concept of contact tracing into our daily lives, is likely to expose businesses and governments to an increased risk of data privacy and data breach class actions related to health and other personal data. This article discusses potential economic approaches and challenges to valuing, in class action settings, alleged unconsented use or misappropriation of health and other private data generated during this health crisis.
Class action litigation related to data privacy and data breaches in the healthcare industry is expected to trend upward in the COVID-19 era