Alere Ducks $116M Medical Data Theft Class Action

By David Siegel (October 8, 2014, 2:07 PM EDT) -- A California federal judge on Tuesday threw out a proposed class action seeking $116 million from an Alere Inc. unit related to the theft of a laptop containing medical-monitoring patient information, finding there can be no liability for the negligent release of stolen medical information under California law.

In an order granting Alere Home Monitoring Inc.'s motion to dismiss, U.S. District Judge Jon S. Tigar rejected arguments from plaintiff John Falkenberg that the only two California appellate opinions on the issue of no liability for negligent release under the state's Confidential Medical Information Act should be disregarded, because they could be...

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