Facts
- TCPA Litigator List, founded by Michael O'Hare in March 2019, tracks telephone numbers of individuals likely to file lawsuits under the Telephone Consumer Protection Act [lines="57-59"], [lines="72-77"].
- Adam Young, CEO of Ringba, sought to develop a similar scrubbing service, purchasing a subscription to TCPA Litigator List on April 5, 2020 [lines="82-89"], [lines="110-120"].
- After Ringba launched its own scrubbing service named TCPA Shield, TCPA Litigator List filed a lawsuit in October 2021 alleging violations of proprietary information and contract breaches [lines="128-141"].
- TCPA Litigator List claimed Young manipulated its website to download confidential data; Ringba filed for summary judgment [lines="167-169"].
- The district court granted summary judgment for Ringba on all claims except the trade secrets claim, leading to multiple sanctions against TCPA Litigator List [lines="177-181"], [lines="212-215"].
Issues
- Did the district court abuse its discretion by terminating the action as a sanction for discovery violations? [lines="212-216"].
- Did the court err in granting summary judgment on TCPA Litigator List's claims for breach of contract and fraud? [lines="993-996"].
Holdings
- The court did not abuse its discretion in terminating the action, as the findings supported sanctions due to intentional nondisclosure and discovery manipulation [lines="965-965"], [lines="794-797"].
- Any potential error in granting summary judgment on breach of contract and fraud claims was rendered harmless by the sanction order terminating the case [lines="1000-1001"].
OPINION
Case Information
*1 In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS No. 22-0670V EMMA RUNYON, Chief Special Master Corcoran Petitioner, Filed: August 14, 2024 v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent. Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for
Petitioner. Debra A. Filteau Begley, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT
[1] On June 15, 2022, Emma Runyon filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq. [2] (the “Vaccine Act”). [3] Petitioner alleges that she suffered a shoulder injury related to vaccine administration (“SIRVA”), a defined Table injury or caused-in-fact injury, after receiving an influenza (“flu”) vaccine on October 11, 2021. Amended Petition at 1 ¶¶ 1, 13. Petitioner also alleged that she received the flu vaccine within the United States, that she suffered the residual effects of her SIRVA for more than six months, and that neither she *2 nor any other party has filed a civil action or received compensation for her injury, alleged as vaccine-related. Id. at ¶¶ 1, 12, 14. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On August 9, 2024, Respondent filed his Rule 4(c) Report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. Specifically, Respondent believes that “Petitioner’s claim meets the Table criteria for SIRVA.” Id. at 4.
In view of Respondent’s position and the evidence of record, I find that Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 2
[1] Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access .
[2] National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018).
[3] Petitioner filed an amended petition on December 12, 2023. ECF No. 17.