Takeaway: We have written several articles about the development of Georgia common law in data breach litigation. In one article, we discussed the Georgia Supreme Court’s decision in Department of Labor v. McConnell, 305 Ga. 812, 828 S.E.2d 352 (2019), where it held that the Georgia Department of Labor did not owe a common law duty to an individual to protect his personally identifiable information (PII)—including his social security number—from accidental disclosure. See Data Breach Class Actions—Georgia Supreme Court Rejects Duty to Safeguard Personal Information (June 28, 2019). In another article, we discussed the Georgia Supreme Court’s decision in Collins v. Athens Orthopedic Clinic, P.A., 307 Ga. 555, 837 S.E.2d 310 (2019), where it ruled that the data breach plaintiffs had suffered a cognizable injury—and thus had standing—where they alleged that the criminal theft of their personal data created an imminent and substantial risk of identity theft. See Data breach class actions—Georgia Supreme Court finds allegations of imminent risk of identity theft sufficient to create standing (Jan. 13, 2020). In a recent case, Ramirez v. Paradies Shops, LLC, --- F.4th ----, No. 22-12853, 2023 WL 3813881 (11th Cir. June 5, 2023), the Eleventh Circuit charted its own path, distinguishing the McConnell and Collins decisions and ruling that the employer in that case had a common law duty to protect the PII of present and former employees.
As with most modern-day employees, when...
The court found the relator did not allege specific reimbursement requests or facts linking challenged promotional statements to government payments. A Maryland federal district court dismissed a ...