- The defective update of Crowdstrike interrupted the operations in Delta
- The airline sued the cybersecurity team, which then presented a motion to dismiss
- The judge denied the motion and gave the claim the approval
Delta’s demand against the Crowdstrike cybersecurity team obtained the green light of the judge and will continue. Previously, this May, Judge Kelly Lee Ellerbe filed his decision before the Superior Court of Fulton County, denying Crowdstrike’s motion to dismiss and allow most of Delta’s claims to advance.
Here is a small context: last year, the Crowdstrike cybersecurity company promoted a defective update to users on Windows devices, causing a generalized interruption. Banks, the airlines, television stations and many other companies could not operate nominally due to the dreaded blue death screen that appears in their IT infrastructure.
The Delta of the US airline. UU. It was hit particularly hard. According The registrationIt took five days to recover, significantly more than the rivals of American Airlines and United Airlines. In addition, the same source states that Delta was forced to melt many more planes compared to other organizations.
Motion to say goodbye
This led Delta to sue Cowdstrike claiming that the company implemented the update without permission, avoided the Microsoft certification process and could not correctly test the update before the version. Crowdstrike admitted that the update was defective, but states that Delta’s delayed recovery was due to his own decisions. The demand included multiple claims, such as breach of contract, transfer, negligence and fraud.
Crowdstrike presented a motion to dismiss, arguing that Delta’s claims were not valid. The argument here is that claims must be limited by the contract under the rule of economic loss of Georgia, which generally avoids grievance claims for purely financial losses derived from a contract. Delta says that Crowdstrike violated independent duties, such as obligations under the laws of transfer and cybersecurity standards.
Now, the judge has partially denied Crowdstrike’s motion to dismiss. Namely, transfer and negligence statements are valid, while fraud claims were confirmed in part.
The Registry spoke with the external lawyer of Crowdstrike, Michael Carlinsky, of the law firm Quinn Emanuel, who says that the worst case is the company that has to pay “millions of digits” to Delta. The airline, on the other hand, is “pleased by the ruling.”
Through The registration
