EU Privacy Argument Rejected in Battle to Identify Mercedes-Benz Document Custodians
U.S. Magistrate Joseph Dickson said a confidentiality order covering discovery sufficiently protects unredacted personal data of EU citizens.
January 31, 2020 at 03:27 PM
3 minute read
A federal judge hearing the Mercedes-Benz emissions testing class action has rejected the carmaker's claims that identifying custodians of relevant documents violates European Union privacy laws.
U.S. Magistrate Judge Joseph Dickson ruled Wednesday that considerations of international comity do not relieve Mercedes-Benz of its obligations under U.S. law, and that the confidentiality order covering discovery sufficiently protects unredacted personal data of EU citizens.
Mercedes-Benz appealed a ruling by Special Master Dennis Cavanaugh calling for the unredacted disclosure of names, positions, titles or contact information of relevant current and former employees of the company.
Cavanaugh's ruling noted that a confidentiality order designating such information as highly confidential "sufficiently balances the EU's interest in protecting its citizen's private data and the U.S. legal system's interest in preserving and maintaining the integrity of the broad discovery provisions set forth in the Federal Rules of Civil Procedure."
But Mercedes-Benz argued in its appeal that providing such unredacted information, even with the confidentiality order in place, renders EU citizen's private data unprotected and is contrary to the EU's General Data Protection Regulation adopted in 2016.
Dickson noted that Cavanaugh issued his decision after considering a five-part international comity analysis adopted by the U.S. Supreme Court in a 1987 decision, Societe National Industrielle Aerospatiale v. U.S. District Court for the Southern District of Iowa. That test requires considering the requested documents or information's importance to the litigation, the degree of specificity in the request, whether the information originated in the United States, the availability of alternate means of securing the information, and the extent to which noncompliance with the request would undermine important interests of the United States.
Dickson also cited Cavanaugh's finding that the United States has "a strong interest in protecting U.S. consumers and therefore allowing discovery into defendants' alleged acts," which he based on the consideration that Mercedes-Benz is accused in the litigation of unlawfully misleading consumers into purchasing certain diesel-powered vehicles by misrepresenting their environmental impact. He rejected claims by Mercedes-Benz that Cavanaugh failed to properly consider the EU's "weighty interest in protecting its citizens' privacy," and that a violation of the GDPR would place it in legal jeopardy, damage its reputation and damage the morale of its workforce.
"The court finds these arguments unavailing," Dickson wrote. "The special master properly weighed national interests implicated in this matter, and found that, on balance, disclosing names, job positions, titles or professional contact information of relevant current or former employees … fairly balanced the parties' rights under the Federal Rules of Civil Procedure and the Mercedes defendants' GDPR concerns."
Lawyers from Gibson, Dunn & Crutcher in Washington, D.C., and Squire Patton Boggs in San Francisco, who represent Daimler AG and Mercedes-Benz USA, did not respond to requests for comment.
Steve Berman of Hagens Berman Sobol Shapiro in Seattle, who represents the plaintiffs, said of the decision, "We are pleased with the ruling as this issue has deadlocked the progress of the case as defendants have been using the issue to delay production of documents. Now we get to peek under the hood."
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
© 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 AllVolkswagen Hit With Consumer Class Action Alleging Defective SUV Engines
3 minute readLack of Available Auto Safety Features Does Not Equal Products Liability Act Violation, NJ Appeals Court Says
4 minute readClass-Action Suit Filed Against Jaguar for Claims of Defective Windshields in Land Rover Defender
Law Firms Mentioned
Trending Stories
- 1Big Law Firms Sheppard Mullin, Morgan Lewis and Baker Botts Add Partners in Houston
- 2Lack of Jurisdiction Dooms Child Sex Abuse Claim Against Archdiocese of Philadelphia, says NJ Supreme Court
- 3DC Lawsuits Seek to Prevent Mass Firings and Public Naming of FBI Agents
- 4Growth of California Firms Exceeded Expectations, Survey of Managing Partners Says
- 5Blank Rome Adds Life Sciences Trio From Reed Smith
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