In a significant ruling earlier this year, U.S. District Judge John A. Kronstadt dismissed six of the nine claims brought forth by the plaintiffs. However, he denied the law firm’s motion to dismiss the case, recognizing that the plaintiffs had demonstrated legitimate injuries, such as increased risks of future attacks, the diminished value of their private data, and time spent responding to the breach. The judge allowed the negligence and invasion of privacy claims to proceed, citing the sensitivity of the medical information that had been exposed.
Although the plaintiffs’ claims for breach of implied contract and covenant of good faith and fair dealing were dismissed, the court permitted them the chance to refile those claims.
Legal representatives for both sides did not respond immediately to requests for comment following the settlement. The case was dismissed under the agreement that each party would bear their own costs and fees, except where otherwise specified.
Owens and Livingston were represented by attorneys Jason M. Wucetich and Dimitrios V. Korovilas of Wucetich & Korovilas LLP, and Laura G. Van Note of Cole & Van Note. Smith Gambrell & Russell was represented by attorneys Myriah Jaworski, Mason N. Floyd, and Nicole M. Prefontaine from Clark Hill LLP.
