Joshua Gold was quoted September 29 in a Law 360 article entitled, “A Primer On The Geico Data Breach MDL Battle” which talks about whether or not the Judicial Panel will centralize five proposed class actions against Geico after oral arguments are heard next week.
Joshua Gold, a cyberinsurance shareholder with Anderson Kill, told Law360 that moving litigation out of federal courts within the jurisdiction of the Ninth Circuit, which includes California, could be beneficial to Geico. The Ninth Circuit has used a more lenient standard for establishing Article III standing for consumers suing over the handling of their information, Gold said.
In contrast, the decision this year in McMorris v. Carlos Lopez & Associates LLC out of the Second Circuit, which includes New York, was more stringent with determining standing in cases involving the handling of personal information, Gold said.
"While I do not know Geico's strategy or motivation, generally speaking, a defendant could feel that they have a better shot of dismissal in the Second Circuit than the Ninth Circuit given the case law," Gold told Law360.
Read the full Law 360 article here.