California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information

Kristin L. Bryan of Squire Patton Boggs writes about a lawsuit stemming from an insider wrongdoing situation first reported in 2018:

Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.