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Class Action-Data Breach

WI Court of Appeals – District I

Case Name: Janet Reetz v. Advocate Aurora Health, Inc. [Recommended for Publication]

Case No.: 2021AP000520

Officials: White, J.

Focus: Class Action-Data Breach

Reetz appeals the dismissal of her class action against Advocate Aurora Healthcare, Inc. Reetz alleged negligence, invasion of privacy, breach of contract, breach of implied covenant of good faith and fair dealing, and declaratory relief for Aurora’s actions related to a data breach of personal information from Aurora’s systems.

The court concludes that Reetz had standing, adequately pleaded sufficient damages, and adequately pleaded a cause of action for negligence.  Therefore, the court reverses that part of the order dismissing the negligence claim and remand the same to the circuit court for further proceedings consistent with this decision.  However, Reetz failed to state a claim upon which relief may be granted for her other four claims:  invasion of privacy, breach of reach of implied covenant of good faith and fair dealing, and declaratory relief.  Therefore, the court affirms the parts of the circuit court order dismissing those claims.

Reversed in part and remanded

Decided 11/22/22

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