Philly Points To Standing When Fighting Class Actions

Law360, New York (June 26, 2015, 12:01 PM EDT) -- On March 25, the Philadelphia Court of Common Pleas provided companies sued following a data breach with another arrow in the quiver of defenses to such lawsuits. In Baum v. Keystone Mercy Health Plan, No. 3876, 1250 EDA 2015 (Phila. C.P. March 25, 2015), plaintiff Avrum Baum brought suit on behalf of his special-needs minor daughter and all others similarly situated, alleging that defendants Keystone Mercy Health Plan and AmeriHealth Mercy Health Plan were negligent, were negligent per se and violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL"), 73 Pa.C.S. Section 201-1, et seq., after their employees lost a USB flash drive containing personal health information and other confidential, personal information of more than 200,000 individuals....

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