2 total
Summary judgment Claim dismissed
The court issued a costs endorsement following mixed results on related motions, which included certifying a class action for intrusion upon seclusion, dismissing a motion to appoint a new representative plaintiff, granting summary judgment for the defendants on a negligence claim, and dismissing the defendants' summary judgment motion on the intrusion upon seclusion claim.
Given the mixed outcomes, the novelty of the intrusion upon seclusion tort in this context, and the potentially modest damages, the court ordered that costs of these motions shall be in the cause of the common issues trial.
Class action certified for hospital data breach based on intrusion upon seclusion; negligence claim dismissed.
The plaintiff sought to certify a class action against a hospital and a former nurse who improperly accessed thousands of patient records to steal Percocet.
The defendants opposed certification and moved for summary judgment, arguing the privacy breach was fleeting and caused no compensable harm.
The court certified the class action for the tort of intrusion upon seclusion, finding that even a minimal intrusion into highly private health records could be considered 'highly offensive'.
However, the court granted summary judgment dismissing the negligence claim, as the plaintiffs suffered no actual compensable harm.
The plaintiff's motion to substitute a new representative plaintiff was also dismissed due to the proposed representative's unsuitability.
