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Krottner v. Starbucks

Krottner v. Starbucks

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Ninth Circuit brief appealing dismissal (W.D. Wash.) of data breach claims against Starbucks based on the loss or theft of a laptop containing personal information of Starbucks employees.
Ninth Circuit brief appealing dismissal (W.D. Wash.) of data breach claims against Starbucks based on the loss or theft of a laptop containing personal information of Starbucks employees.

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Published by: Venkat Balasubramani on Nov 12, 2009
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10/21/2011

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Medical monitoring is an established remedy in Washington courts. At least

one Washington district court has specifically recognized medical monitoring as a

remedy to a negligence claim under Washington law. Duncan v. Northwest

Airlines, Inc., 203 F.R.D. 601, 608-09 (W.D. Wash. 2001) (allowing plaintiff

claiming enhanced risk to pursue a medical monitoring remedy under a theory of

negligence). In Duncan, a second-hand smoking case, the court held that although

there was no “independent tort” for medical monitoring under Washington law,

medical monitoring is a “remedy to a negligence claim under Washington law.”

Id. Likewise, Plaintiffs seek a similar recognition that credit monitoring is a

remedy to claims under negligence and/or tort theories of liability here.

51

1. Washington Courts Traditionally Protect Plaintiffs in Areas of

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