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October 2024

GRSM Cyber, Privacy & Data Security Team Secures Voluntary Dismissal in Texas Data Breach Class Action

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.

Brian E. Middlebrook
Daniel J. Mirarchi
Christopher M. Raney



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