Gordon Rees Scully Mansukhani Partners Brian Middlebrook and Christopher Raney, alongside Of Counsel Daniel Mirarchi, have successfully secured a voluntary dismissal of a data breach class action filed in a Texas state court on behalf of a public community health center.
In less than two months following the plaintiff's notification of a potential data security incident alleging unauthorized access to protected health information, she initiated a class action lawsuit against the firm’s client, asserting that it failed to implement adequate cybersecurity measures. This case aligns with a growing trend of similar litigation across the nation. The GRSM team promptly filed a motion to dismiss and a plea to the jurisdiction, presenting compelling defenses centered on the client’s immunity from tort claims under the Texas Tort Claims Act, given its status as a local government entity, in addition to addressing fundamental flaws in the plaintiff’s allegations.
In a noteworthy turn, upon receipt of GRSM's motion, the plaintiff opted to voluntarily dismiss the lawsuit rather than mount a defense. This outcome represents a significant victory for our client, underscoring the critical importance of identifying and leveraging essential defenses—many of which may not be immediately apparent—to achieve a successful resolution.
This dismissal further underscores the capabilities of GRSM's Cyber, Privacy & Data Security team, which adeptly handles data breach litigation across sectors such as healthcare and finance. With a deep understanding of both formal and informal dispute resolution processes, this seasoned team brings extensive courtroom experience to effectively represent clients navigating the complexities of privacy and data security matters.