News & Analysis as of

Dismissals Imminent Harm

Goodwin

Seventh Circuit Affirms Spokeo Dismissal of FCRA Class Action

Goodwin on

Last week, the Seventh Circuit affirmed the dismissal of two Fair Credit Reporting Act (FCRA) class actions on Spokeo grounds. The cases, which were consolidated for appeal, were filed by the same plaintiff against two...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

Proskauer - Law and the Workplace

Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting. As previously...more

Sherman & Howard L.L.C.

OSHA Update: Court Allows OSHA’s New Anti-Retaliation Rules To Stand – At Least For Now

Sherman & Howard L.L.C. on

On November 28, 2016, the United States District Court for the Northern District of Texas denied a request for a preliminary injunction to prevent enforcement of OSHA’s controversial new anti-retaliation rules. The plaintiffs...more

Dorsey & Whitney LLP

D.C. Circuit Tosses Consumer Complaint Following Spokeo

Dorsey & Whitney LLP on

On July 26, 2016, the D.C. Circuit rejected a consumer class action complaint based on alleged violations of two D.C. consumer protection statutes. Citing the recent U.S. Supreme Court decision in Spokeo, Inc. v. Robins, No....more

Robinson & Cole LLP

Zappos proposed data breach class action litigation dismissed

Robinson & Cole LLP on

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...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

Carlton Fields

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Carlton Fields on

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

Katten Muchin Rosenman LLP

District Court Dismisses Data Breach Case for Lack of Standing

The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the personal and financial information of...more

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