BRADDS
v.
FLORIDA HEALTH SCIENCES CENTER, INC.
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In this data breach class action, the District Court of the Middle District of Florida ordered plaintiffs to show cause why the case should not be remanded to state court for lack of federal jurisdiction, directing them to address standing requirements under Eleventh Circuit precedent regarding injury-in-fact in data breach cases alleging state statutory claims.
The court did not render a final holding but instead directed plaintiffs to brief: (1) how the Eleventh Circuit evaluates standing in data breach cases pressing state statutory claims and whether misuse must be alleged for injury-in-fact; (2) whether any alleged misuse is plausibly traceable to the specific compromised information; (3) whether alleged misuse is plausibly traceable to the specific data breach; and (4) whether increased spam constitutes misuse under Eleventh Circuit precedent.
[1] A federal court may lack jurisdiction in data breach cases involving state statutory claims if standing allegations are insufficient.
[2] To establish standing in data breach cases under the Eleventh Circuit's evaluation, plaintiffs may need to allege misuse of compromised data.
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Join FLexlaw to unlock all legal intelligence“Plaintiffs are directed to establish—no later than July 10, 2024, and in a brief not exceeding twelve (12) pages inclusive of all parts—why the Court should not remand this case to state court for lack of jurisdiction”
The court's directive requiring plaintiffs to demonstrate federal jurisdiction in the data breach class action.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs Bradds and Testa filed a class action suit against Florida Health Sciences Center, Inc. alleging a data breach. The case was removed to fed…
The full statement of facts, procedural history, and disposition for this case are member content.
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and ANTHONY TESTA, individually and on behalf all others similarly situated, Plaintiffs,
v.
FLORIDA HEALTH SCIENCES CENTER, INC., Defendant.
Case No: 8:23-cv-02127-KKM-JSS
ORDER
Plaintiffs are directed to establish—no later than July 10, 2024, and in a brief not exceeding twelve (12) pages inclusive of all parts-why the Court should not sua sponte remand this case to state court for lack of jurisdiction in the light of the order entered in DiPierro v. Florida Health Sciences Center, No. 8:23-cv-1864, (Doc. 39), 2024 WL 3051320 (M.D. Fla. June 18, 2024) (Mizelle, J.). As an initial matter, Plaintiffs should address how the Eleventh Circuit evaluates standing allegations in data breach cases that press state statutory claims and whether misuse of the data must be alleged to establish an injury-in-fact. See Green-Cooper v. Brinker Int'l, Inc., 73 F. 4th 883, 889–90, 890 n.9
(11th Cir. 2023), cert. denied sub nom. Brinker Int'l, Inc. v. Steinmetz, 144 S. Ct. 1457 (2024).
Additionally, Plaintiffs should address whether any alleged misuse is plausibly traceable to the specific information allegedly compromised in the data breach. And Plaintiffs should also brief whether any alleged misuse is plausibly traceable to the specific data breach at issue. Lastly, Plaintiffs should address whether an increased volume of spam messages or emails constitutes misuse as the Eleventh Circuit used that term in Tsao and Green-Cooper.
If desired, Defendant may file a response brief not to exceed twelve (12) pages by July 17, 2024.
ORDERED in Tampa, Florida, on June 27, 2024.
Kathryn Kimball Mizelle United States District Judge
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Citator
Authorities Cited
- Steinmetz v. Brinker Int'l, Inc., 73 F.4th 883 (11th Cir. 2023)
- Robbins v. Fla. Health Scis. Ctr. Inc. (M.D. Fla. 2024)