'We're Back': Fourth Circuit Considers Certification of Marriott Data Breach Class ... Again
Marriott was back before the U.S. Court of Appeals for the Fourth Circuit hoping to dismantle a district judge's order that certified a class of hotel guests impacted by its 2018 data breach.
November 07, 2024 at 06:10 PM
5 minute read
What You Need to Know
- The case is among the few to obtain a class certification order in a data breach lawsuit, most of which settle or get dismissed.
- The appeal focuses on a 2023 order that found Marriott couldn't use the defense of a class action waiver because it argued for the data breach cases to be coordinated into multidistrict litigation.
- Marriott lawyer Matthew Hellman called the order a 'nationwide outlier,' while Samuel Issacharoff, for the plaintiffs, blamed 'poorly drafted language.'
Marriott was back before a federal appeals court hoping to dismantle a district judge's order that certified a class of hotel guests impacted by its 2018 data breach.
It's the second go-around for Marriott International Inc., which has been battling class certification in the same case for the past two years. The case is among the few to obtain a class certification order in a data breach lawsuit, most of which settle or get dismissed.
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Where Were the Lawyers?' Judge Blocks Trump's Birthright Citizenship Order
3 minute readK&L Gates Files String of Suits Against Electronics Manufacturer's Competitors, Brightness Misrepresentations
3 minute readTrump Moves to Withdraw Applications to Halt Now-Completed Sentencing
With DEI Rollbacks, Employment Attorneys See Potential for Targeting Corporate Commitment to Equality
7 minute readLaw Firms Mentioned
Trending Stories
- 1Chief Judge Joins Panel Exploring Causes for Public's Eroding Faith in NY Legal System
- 2Pogo Stick Maker Wants Financing Company to Pay $20M After Bailing Out Client
- 3Goldman Sachs Secures Dismissal of Celebrity Manager's Lawsuit Over Failed Deal
- 4Trump Moves to Withdraw Applications to Halt Now-Completed Sentencing
- 5Trump's RTO Mandate May Have Some Gov't Lawyers Polishing Their Resumes
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250