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Resnick v. AvMed
United States Court of Appeals for the Eleventh Circuit
693 F.3d 1317 (2012)
Facts
AvMed, Inc. (defendant) was a healthcare-service provider. Two laptops were stolen from AvMed’s office that contained personal information of AvMed’s 1.2 million current and former members. The information on the laptops was not encrypted or otherwise protected. Juana Curry and William Moore (plaintiffs) were AvMed members and fell victim to identity theft 10 and 14 months, respectively, after the AvMed laptops were stolen. Curry and Moore sued AvMed for negligence, among other claims. Curry and Moore claimed that they otherwise took care to safeguard their sensitive information. Curry and Moore also claimed that their information contained on AvMed’s laptops was the same information used to steal their identities. The district court granted AvMed’s motion to dismiss the complaint for failure to state a claim on which relief could be granted.
Rule of Law
Issue
Holding and Reasoning (Wilson, J.)
Dissent (Pryor, J.)
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