Legal Proceedings.
−Removed: In April 2020, we were named as a defendant in four federal class action lawsuits relating to a data breach we experienced in January 2020, each of which was subsequently dismissed.
−Removed: In addition, in May 2020 we were named as a defendant in three California state court class action lawsuits arising from the same data breach.
−Removed: Collectively, these lawsuits seek statutory, compensatory, actual, and punitive damages;
−Removed: equitable relief, including restitution;
−Removed: pre- and post-judgment interest;
−Removed: injunctive relief;
−Removed: and attorney fees, costs, and expenses from us.
−Removed: On July 24, 2020, these three pending lawsuits were consolidated into a single case in the Superior Court of the State of California in the County of San Bernardino entitled Joseph Deluna et al v.
−Removed: Tandem Diabetes Care, Inc.
−Removed: The consolidated case alleges violations of the Confidentiality of Medical Information Act (CMIA), California Consumer Privacy Act (CCPA), California’s Unfair Competition Law (UCL), and breach of contract.
−Removed: We filed a demurrer seeking dismissal of all claims, which was heard by the Court on October 27, 2020, and which resulted in the following outcome:
−Removed: (i) the demurrer of the CMIA claim was denied;
−Removed: (ii) the demurrer of the CCPA claim was sustained;
−Removed: and (iii) the demurrer of the UCL and contract claims were sustained with leave to amend the pending complaint.
−Removed: A second demurrer was heard by the Court on March 29, 2021 with the following outcome:
−Removed: (i) the demurrer of the CMIA claim was denied;
−Removed: and (ii) the demurrer of the UCL and contract claims were narrowed in scope to dismiss three plaintiffs for failing to allege cognizable damages or injuries-in-fact, resulting in two remaining plaintiffs.
−Removed: Although we intend to vigorously defend against these claims, there is no guarantee that we will prevail.
−Removed: We are presently unable to determine the ultimate outcome of these lawsuits or determine the amount (or range) of possible losses associated with the lawsuits.
−Removed: In September 2020, we were named as a defendant in a lawsuit entitled Buck Walsh, individually and on behalf of others similarly situated v.
−Removed: Tandem Diabetes Care, Inc., which was filed in the Superior Court of the State of California in the County of San Diego.
−Removed: The alleged violations include business and professions code and labor code violations for failure to compensate wages, unpaid meal and rest periods, and failure to reimburse for necessary business-related expenses.
−Removed: The case was brought as a class action and was later amended to also include a representative action under the California Private Attorney General Act, or PAGA.
−Removed: The class of plaintiffs includes hourly paid or non-exempt employees of the Company who were employed from April 6, 2016 through the date of adjudication.
−Removed: The parties recently agreed to resolve all claims in the lawsuit.
−Removed: The settlement of claims covered by the PAGA matter were approved by the Superior Court of the State of California in the County of San Diego on September 21, 2021 and settlement amounts were disbursed in 2021.
−Removed: Also in October 2021, a settlement of the class action related claims was preliminarily approved by an independent arbitrator mutually acceptable to both parties.
−Removed: The class action settlement is intended to resolve the claims of the individual plaintiff, as well as the remaining members of the class, unless an individual class member submits a timely request for exclusion.
−Removed: The material terms of the settlement are set forth in a binding Memorandum of Agreement dated as of July 1, 2021, which is subject to the completion of a number of conditions, as well as final approval by the independent arbitrator.
−Removed: There is no guarantee that the conditions will be met or that final approval will be obtained.
−Removed: If the final class settlement is not approved, or if other conditions to approval of the settlement are not met, the case will continue and the Company will continue to vigorously defend against the claims.
−Removed: From time to time, we are involved in various other legal proceedings, regulatory matters, and other disputes or claims arising from or related to the normal course of our business activities, including actions with respect to intellectual property, data privacy, employment, regulatory, product liability and contractual matters.
−Removed: Although the results of legal proceedings, disputes and other claims cannot be predicted with certainty, we believe we are not currently a party to any legal proceeding(s) which, if determined adversely to us, would, individually or taken together, have a material adverse effect on our business, operating results, financial condition or cash flows.
−Removed: However, regardless of the merit of the claims raised or the outcome, legal proceedings may have an adverse impact on us as a result of defense and settlement costs, diversion of management time and resources, and other factors.
+Added: Except as set forth below under the caption “Commitments and Contingencies - Legal and Regulatory Matters” in Part II, Item 8, Subsection 13 of this Annual Report, as of December 31, 2022, there were no legal proceedings, regulatory matters, or other disputes or claims for which a material loss was considered probable or for which the amount (or range) of loss was reasonably estimable.
+Added: However, regardless of the merits of the claims raised or the outcome, legal proceedings, regulatory matters, and other disputes and claims may have an adverse impact on the Company because of as a result of defense and settlement costs, diversion of management time and resources, and other factors.
Mine Safety Disclosures.
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