TMCnet News
Court Dismisses TriWest Information Theft LawsuitPHOENIX --(Business Wire)-- Sept. 9, 2005 -- TriWest Healthcare Alliance announced today that the United States District Court for the District of Arizona has dismissed the lawsuit against it relating to the December 2002 theft of computer equipment from a company facility. "TriWest is very pleased that this lawsuit is finally behind us," said David J. McIntyre Jr., TriWest's president and chief executive officer. "From the beginning, TriWest made extraordinary efforts to openly and honestly inform our beneficiaries of this theft, and steps they might take to protect their information from misuse. To this day, nearly three years later, not a single instance of identity theft attributable to the burglary has taken place." The lawsuit was filed in January 2003 as a putative class action on behalf of more than 500,000 TriWest beneficiaries. Previous rulings by the court limited plaintiffs' claims to a negligence claim. The court's Sept. 8, 2005, order disposed of that claim, ruling on TriWest's motion for summary judgment that there was no genuine issue of material fact and that TriWest was entitled to judgment as a matter of law. Following the theft, McIntyre immediately became a passionate advocate for stronger legal protections against information theft, as well as for stronger punishment against perpetrators of such crimes. He has repeatedly testified before Congress to champion this issue and TriWest has been frequently cited as an example of how companies should responsibly inform their customers when an information theft occurs. Additionally, TriWest was characterized by the national media, including U.S. News & World Report, as responding quickly to inform its customers so they could take appropriate steps to protect themselves. "TriWest exemplifies what a good corporate citizen should do," said U.S. Representative John Shadegg in a statement before Congress. "Mr. McIntyre has been recognized nationally as the standard for companies faced with a serious crisis." "This was an opportunistic lawsuit from the beginning," said Barry Halpern, partner at Snell & Wilmer and lead counsel for TriWest. "The plaintiffs filed this lawsuit approximately a month after the burglary, with no indication they had suffered any identity theft, let alone any attributable to the burglary. The court found that the plaintiffs had not suffered any actual injury. This ruling does justice to TriWest, which acted responsibly from beginning to end." About TriWest TriWest Healthcare Alliance is a Phoenix-based corporation that partners with the Department of Defense to provide access to cost-effective, high-quality health care for 2.7 million members of America's military family in the 21-state TRICARE West Region, which is comprised of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming and western Texas. For more information, visit www.triwest.com. About Snell & Wilmer L.L.P. Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 400 attorneys practicing in six offices throughout the western United States, including Phoenix and Tucson, Ariz.; Orange County, Calif.; Denver; Las Vegas; and Salt Lake City. The firm represents more than 10,000 clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit www.swlaw.com. |
