Earlier this month, the Eleventh Circuit, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), affirmed the dismissal of a class-action lawsuit brought on behalf of patrons...more
The Situation: Relating to a 2012 data breach lawsuit against Zappos.com, a district court had found that a certain group of plaintiffs lacked standing to sue because they "failed to allege instances of actual identity theft...more
Every data breach class action in federal court must confront a threshold question: has the plaintiff alleged a sufficient “injury in fact” to establish Article III standing? The inquiry frequently focuses on whether a...more
Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores...more
The United States Court of Appeals for the Third Circuit recently ruled that a data breach class action may proceed on the basis of a Fair Credit Reporting Act (FCRA) violation alone, even where the putative class members do...more
In today’s world, as technology costs decrease and personal information becomes more valuable on the black market, data breaches have seemingly joined the ranks of death and taxes as certainties. Add to that litigation:...more
Following the Seventh Circuit’s recent decision in Lewert v. P.F. Chang’s China Bistro Inc., 2016 U.S. App. LEXIS 6766 (7th Cir. Ill. Apr. 14, 2016), many commentators quickly pronounced the Seventh Circuit fertile territory...more
The data breach class action lawsuit filed against grocery store retail chain SuperValu Inc. (“SuperValu”) was put on the shelf by the U.S. District Court for the District of Minnesota on January 7, 2016. The plaintiffs...more
The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more
Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more
On July 20, 2015, the U.S. Court of Appeals for the 7th Circuit issued an opinion that could dramatically change the class action landscape for companies that are victims of hackers. In Remijas v. Neiman Marcus Gp., the 7th...more
On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more