December 11, 2019
Federal court appoints co-lead counsel in consolidated class actions.
The federal court considering the initial matters in the consolidated Capital One class actions has appointed three lawyers as co-lead counsel. They are Norman E. Siegel, of the Kansas City law firm of Stueve Siegel Hanson LLP, Karen Hanson Riebel of the Minneapolis firm of Lockridge Grindal Naun, and John A. Yanchunis, of the Tampa firm of Morgan & Morgan Complex Litigation Group.
Lawton & Cates will be working closely with these lead counsel to ensure that the unique claims Wisconsin consumers have made under Wisconsin’s Consumer Act are fully litigated.
November 1, 2019
Federal court ready to set schedule for obtaining information from Capital One
On November 1, the federal court for the Eastern District of Virginia (which is the Court overseeing the initial stages of the consolidated class actions against Capital One) issued a preliminary order setting an initial hearing date for January 21, 2020. At that hearing, the Court will issue an order setting deadlines for the parties to seek information from Capital One about how the data breach occurred, how it could have been prevented, and what information specifically was compromised.
Lawton & Cates expects to play a significant role in the discovery process to protect the unique interests Wisconsin residents have in this case.
Lawton & Cates asked the federal panel to either keep the Wisconsin case separate, or allow our lawyers, on behalf of Wisconsin customers, to have particular procedures used to obtain evidence and information relevant to Wisconsin claims. While the federal court required the Wisconsin case to join the others, it did allow Lawton & Cates to ask the newly-assigned judge to allow separate procedures for the Wisconsin claimants.
In October 2019, a group of plaintiffs' counsel met in Washington, D.C., to begin the process of selecting the lawyers who will handle the preliminary work on the case. Lawton & Cates sent two lawyers to this meeting and will continue to work with other states' lawyers to ensure that Wisconsin customers are adequately represented.
August 7, 2019
The original lawsuit, naming five representative plaintiffs, was filed in federal court in Madison, Wisconsin, on August 7, 2019.
The plaintiffs served a notice of this lawsuit on the Department of Financial Institutions, giving the Department the right to intervene in the case if it chose. The Department has not yet intervened in the case.
The plaintiffs also sent a notice of claim for damages under the Wisconsin Consumer Act to Capital One, which gave Capital One the chance to avoid any further litigation in Wisconsin by agreeing to a settlement. Capital One did not agree to a settlement, so the case will continue and when the Court allows us to do so, we will amend our claim to seek additional damages under the Consumer Act.
Because numerous similar lawsuits were filed around the country, a panel of federal judges in September 2019 ordered that the cases be consolidated into "multi-district litigation." This means that lawyers on all the cases will work together to obtain evidence and a single judge, in federal court in Virginia, will rule on many of the preliminary matters.