Attorney Wants Conn. Equifax Cases Consolidated in California
As the attorney involved in more than 20 lawsuits against Equifax for data breach, Kevin Sharp wants the cases consolidated and to be heard in California where he says the judges have a unique knowledge of data breach suits.
October 12, 2017 at 12:54 PM
4 minute read
Equifax's headquarters in Atlanta |
A law firm that has filed more than 20 prospective class actions against Equifax over its massive data breach, including one filed Tuesday in Connecticut, wants the cases consolidated in California.
Attorney Kevin Sharp, a former federal judge now a partner with Sanford Heisler Sharp in Nashville, Tennessee, told the Connecticut Law Tribune Wednesday he'll ask to consolidate the cases and have them heard in the northern or southern districts of California. Sharp said having judges who are experts in data breach cases would benefit both sides.
“Most of the plaintiffs that have signed up for this are from California. The [Multi-District Litigation] Panel will look at where most of the witnesses are from and where the judges have the expertise,” said Sharp. “Judges in California understand data breach issues. They are currently hearing the Anthem data breach case that affected tens of millions of people.”
Sharp said the MDL panel of seven circuit and district judges will meet in St. Louis on Nov. 30. Sharp said there's no doubt the judges will vote to consolidate, but it's unclear where the MDL will go.
Sharp said the judges consider factors such as the location of witnesses, which judges have the expertise in the area and which judges have the resources and time to handle such cases
While Equifax is based in Atlanta, Sharp said there is no guarantee the case will be heard in Georgia.
Equifax's outside counsel at King & Spalding have suggested that U.S. District Judge William Duffey Jr. in Atlanta be assigned to handle the litigation. Duffey has strong ties to King & Spalding, having been a partner there from 1981 to 2001.
Sharp said he has no problem with Duffey hearing the case. “He is just trying to follow the law the best way he can,” said Sharp, who served as chief judge of the federal district court for the Middle District of Tennessee from 2011 to April.
Sharp and his firm, along with J. Craig Smith of Bridgeport's Koskoff Koskoff & Bieder, are representing Ansonia resident Mary Zribi in the suit filed Tuesday in Connecticut. The suit states Equifax failed to inform consumers of the date breach until Sept. 7, at which time more than 145 million customers had their financial and personal information compromised.
“While defendants took no steps at that time to inform the public in the interim, defendants did not hesitate to protect themselves,” according to the lawsuit, which noted that Equifax Chief Financial Officer John Gamble “sold shares worth $1.8 million in the days following the data breach.”
Sharp said the plaintiffs are seeking “hundreds of millions of dollars” against the credit-reporting giant.
The lawsuit cites five counts: willful violation of the federal Fair Credit Reporting Act, negligent violation of the FCRA, violation of the Connecticut Unfair Trade Practices Act, negligence, and negligence per se.
Sharp said he believes the first class action filed in Connecticut against Equifax last week could be problematic because the plaintiff is a litigation paralegal represented by her own firm.
“The plaintiff would have divided loyalties between herself and her obligation to class members and her obligation to the law firm,” Sharp said.
Natalie Quagliani, the plaintiff in the first Connecticut class action, works for Withers Bergman in Old Greenwich. She is represented by partners Steven Moore and James Nealon.
In response to Sharp, Moore said Thursday: “We respectfully disagree. She is not involved in the case, other than being the plaintiff.” He did not elaborate.
No one from Equifax was available for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 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 AllAmid Growing Litigation Volume, Don't Expect UnitedHealthcare to Change Its Stripes After CEO's Killing
6 minute readAttorney Overcomes Low Medical Bills, Captures $1 Million Policy Limit
2 minute read'Stake Out My Space': Attorneys, Law Professors Flock from X to Bluesky
Conn. Appeals Court Slices $150 Million in Statutory Damages From Judgment Owed by Alex Jones
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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