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The En Banc 11th Circuit Clarifies “Risk of Identity Theft” Standing

In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held that a plaintiff must plead a concrete injury to bring a claim based on an...more

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages

While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more

Another Punt: The Supreme Court Denies Certiorari in the Zappos Case

We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the...more

Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not...

Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more

Standing in Data Breach Cases Likely Heading Back to the Supreme Court

Data breach plaintiffs often have a very difficult time stating a concrete injury, and courts have wrestled with whether these plaintiffs can file suit in federal court. We have been watching this issue and writing about it...more

Defeating Class Certification in Consumer Data Breach Class Actions Begins with Understanding How They Occur

Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more

The Economic Loss Doctrine as a Barrier to Data Breach Recovery

We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more

FACTA Cases Continue to Present Ideal Targets for Spokeo Challenges-Eleventh Circuit Defendants Take Particular Notice

We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more

Target Data Breach Settlement: Eighth Circuit Orders Trial Court To Reconsider Class Certification

The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more

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