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Jean Resnick, Et Alv.Avmed, Inc.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.11-13694
DecidedSeptember 5, 2012
Reporter550 U.S. 544
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilTort LawContract LawConsumer ProtectionStandingFederal JurisdictionCivil ProcedureMotion to DismissFirst ImpressionReversalDissent
Case Summary

AvMed lost two unencrypted laptops containing sensitive information for about 1.2 million health-plan members. Juana Curry and William Moore alleged that their information was on the laptops and that, months later, unknown identity thieves opened accounts and made other unauthorized changes in their names. They sued under Florida law for negligence, negligence per se, contract and implied-contract theories, unjust enrichment, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty. The district court dismissed the second amended complaint for failure to allege a cognizable injury. The Eleventh Circuit reversed in part, holding that actual identity theft and resulting monetary loss constituted injury in fact and that the complaint plausibly alleged a causal connection beyond mere timing because it identified the stolen information as the information used in the thefts. The court also allowed the unjust-enrichment claim to proceed, but affirmed dismissal of negligence per se and the stand-alone implied-covenant claim under Florida law. Judge Pryor dissented, reasoning that the complaint did not plausibly connect the stolen laptops to the identity theft and that an express contract barred unjust enrichment.

Opinion

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