News & Analysis as of

Class Action Standing Imminent Harm

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Ervin Cohen & Jessup LLP

Ninth Circuit Decertifies Class in Coca-Cola False Advertising Case

On August 31, 2021, the Court of Appeals for the Ninth Circuit issued an unpublished order revoking class certification of a consumer class in a Coca-Cola labeling case. The plaintiffs alleged that Coke’s advertising slogan...more

Mintz - Privacy & Cybersecurity Viewpoints

Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts

As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more

Fisher Phillips

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

Fisher Phillips on

Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Goodwin

New Jersey District Court Considers Expansion of FCRA Liability

Goodwin on

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

Robinson+Cole Data Privacy + Security Insider

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

McGuireWoods LLP

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

McGuireWoods LLP on

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

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Mintz - Privacy & Cybersecurity Viewpoints

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

Fenwick & West LLP

Litigation Alert: SCOTUS Grants Certiorari to Review Ninth Circuit’s Spokeo Decision Granting Standing To Enforce Statutory Rights...

Fenwick & West LLP on

In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323...more

Morrison & Foerster LLP

Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing

Zombie or no-injury plaintiffs seeking to represent zombie or no-injury classes are on the rise. In these suits, plaintiff was not injured, and there’s no way to prove who, if anyone, in the class was. Thomas Robins is one of...more

Foley & Lardner LLP

U.S. Supreme Court Accepts Review of Robins v. Spokeo, Inc.

Foley & Lardner LLP on

The Supreme Court recently accepted review of one of the most talked about privacy class action and consumer cases of the past year, Robins v. Spokeo, Inc., No. 13-1339 (U.S.). The issue before the Court is whether Congress...more

King & Spalding

Horizon Avoids Data Breach Class Action For Lack Of Standing

King & Spalding on

On March 31, 2015, a New Jersey federal judge dismissed a class action lawsuit against Horizon Healthcare Services Inc. alleging the company failed to protect the personal information of thousands of insurance network members...more

Cozen O'Connor

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Cozen O'Connor on

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Troutman Pepper

Federal Court Holds that Data Breach Plaintiffs Have No Standing Unless They Show Misuse

Troutman Pepper on

Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more

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