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Breach of Contract › Injury-in-Fact

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Infotainment and Drydocks

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Ninth Circuit addresses the distinction between Article III and statutory standing, and it considers issues arising from the sinking of a drydock in a marine sanctuary. JONES v. FORD MOTOR CO. - ...more

McGlinchey Stafford

Do I Have Standing in Florida State Court? Not So Fast.-McGlinchey Commercial Law Bulletin - January 20 2023

McGlinchey Stafford on

Ohio- Liquidated Damages- Pacetti’s Apothecary v. Rebound Bracing & Pain Sol. Inc., 2d Dist. Greene, No. 2023-Ohio-93. In this appeal, the Second Appellate District affirmed the trial court’s decision finding that a late...more

Burr & Forman

Seventh Circuit Affirms Dismissal of FCRA Claim, But Finds Lack of Standing

Burr & Forman on

In Foster v. PNC Bank, National Association, the Seventh Circuit affirmed the dismissal of plaintiff’s Fair Credit Reporting Act (FCRA) claim, but determined that plaintiff lacked standing because he could not show that...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

Knobbe Martens on

It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Proskauer - Employee Benefits & Executive...

Sixth Circuit Holds Pecuniary Loss Not Required to Establish Standing In Benefit Claim

Proskauer - Employee Benefits & Executive... on

The Sixth Circuit joined several other circuits in holding that a participant need not have actually incurred a financial loss in order to have standing to assert an ERISA claim for benefits under Section 502(a)(1)(B). Here,...more

King & Spalding

Eighth Circuit Affirms Dismissal Of Data Breach Lawsuit, Despite Plaintiff Having Standing

King & Spalding on

On August 21, 2017, the U.S. Court of Appeals for the Eighth Circuit concluded, in Kuhns v. Scottrade, Inc. , No. 16-3426, 2017 WL 3584046, at *1 (8th Cir. Aug. 21, 2017), that although a data breach plaintiff had Article III...more

Patterson Belknap Webb & Tyler LLP

Cyber Briefing: Second “Envelope” Lawsuit Against Aetna, Yahoo to Answer for 1.5 Billion Hacked Accounts and Eighth Circuit...

Patterson Belknap Webb & Tyler LLP on

As we head into the new week, here’s a quick summary of major data security developments from around the country. Aetna Hit With Second “Envelope” Lawsuit - Aetna Inc. is now facing a second lawsuit over the disclosure...more

Ballard Spahr LLP

Eighth Circuit Issues Two Class Action Data Breach Rulings

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In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

Pierce Atwood LLP

When you get what you pay for: the First Circuit examines the injury requirement under Massachusetts chapter 93A.

Pierce Atwood LLP on

On July 26th, the First Circuit issued rulings in putative consumer class actions brought by the same attorney against two national department store chains, challenging their allegedly deceptive use of comparative pricing on...more

Fenwick & West LLP

Litigation Alert: The Eighth Circuit Expands Standing to Sue for Violations of Privacy Policies for Paid Services

Fenwick & West LLP on

Earlier this month, the Eighth Circuit expanded standing to bring privacy policy violations claims but limited the definition of personal information in affirming the dismissal of a class action complaint in Carlsen v....more

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