Injury-in-Fact

News & Analysis as of

Seventh Circuit (Again) Finds Consumers Have Standing To Sue Over Data Breaches

On April 14, 2016, the Seventh Circuit held in Lewart v. P.F. Chang’s that customers who may have had personal information compromised in a P.F. Chang’s data breach have standing, at the motion-to-dismiss stage, to sue the...more

Empirical Study Confirms That No-Injury Class Actions only Benefit Lawyers

We recently read an interesting new empirical study that confirms what we’ve long suspected - that so-called “no-injury” class actions, those that allege that a product was “worth less” than it should have been due to some...more

Price Optimization Class Actions Produce First Rulings

In recent weeks, two courts ruled on motions to dismiss the first wave of class action lawsuits based on alleged price optimization of auto insurance rates. In both Stevenson v. Allstate Ins. Co., No. 15-cv-04788 (N.D. Cal....more

Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more

Spokeo Scenarios: With Scalia’s death, Additional Possibilities Cloud Resolution of the Standing Question

As an ongoing update to our coverage of the Spokeo case, today we look at what could happen in the case where, with Justice Scalia’s recent death coming after oral argument but before an opinion was issued, the court’s new...more

FTC Files Amicus Brief in First Circuit Seeking to Clarify Analysis in Post-Actavis Cases

Direct and indirect purchasers of Nexium recently appealed District of Massachusetts Judge William Young’s denial of a request for a new trial in In re: Nexium to the First Circuit. As we previously reported, In re: Nexium...more

Third Circuit Shuts Down “No Injury” Pharma Class Action

Two of our favorite themes in the drug and device world intersected a few weeks ago in the Third Circuit—class actions and “no injury” lawsuits. We don’t see many drug and device class actions these days, which we view as...more

Supreme Court Vacancy Leaves Spokeo Outcome Even More Uncertain

The consumer financial services industry is wondering how the sudden passing of United States Supreme Court Justice Antonin Scalia will affect the pending Spokeo, Inc. v. Thomas Robins case. Spokeo is a key case dealing with...more

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from...more

Spokeo Set to Resolve Lingering Questions Over Constitutional Standing

The parameters of Constitutional standing, which have been in flux for decades, are solidifying before our very eyes. In recent months the U.S. Supreme Court has confirmed that a litigant must have a “live dispute” at all...more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

Are you covered? Emerging issues for health care providers under cyber risk insurance

Providers are focusing on cybersecurity with increased urgency. Cyberattacks on health-care organizations reached an all-time high in 2015 and aren't expected to slow down in 2016, Harry Greenspun, director for Deloitte's...more

Cybersecurity: What is on the horizon for 2016

JD Supra recently published an attorney perspective piece on defining cybersecurity issues for 2016. It should come as no surprise that resolution of insurance coverage issues made the list. Despite a plethora of data...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

SuperValu Consolidated Class Action Data Breach Complaint Dismissed For Lack Of Standing

On January 7, 2016, the U.S. District Court for the District of Minnesota dismissed for lack of standing the consolidated data breach complaint filed by consumers against SuperValu, Inc., AB Acquisition, LLC, and New...more

In re Capacitors Antitrust Class Action Update: Claims Slightly Narrowed, Parties Continue Discovery

When we last wrote in June 2015 about In re Capacitors Antitrust Litig., No. 14-03264-JD, consolidated putative class actions pending before Judge James Donato in the Northern District of California, the plaintiffs had just...more

Defined Benefit Plan Participant’s Action Mooted by ERISA Plan’s Improved Financial Condition

A federal district court in Minnesota dismissed a plan participant’s allegations that plan fiduciaries mismanaged a defined benefit plan — and thus caused it to be underfunded — because the plan’s financial condition improved...more

All You Need to Know About LabMD’s Big Win in/over the FTC

We have been meaning for a while to write about LabMD’s epic data privacy fight against the FTC. We’re sure you have read about the action, and particularly about the administrative order dismissing the government’s...more

Online Services Companies Await Supreme Court Ruling on Standing to Bring Class Actions under Fair Credit Reporting Act

On November 2, 2015, the U.S. Supreme Court heard a contentious round of oral arguments in a case that may significantly change the landscape of consumer class actions. The case, Spokeo, Inc. v. Robins, is a class action...more

FTC and Wyndham Settle Data Security Allegations

On December 9, 2015, the Federal Trade Commission announced that Wyndham Worldwide Corp., Wyndham Hotel Group LLC, Wyndham Hotels and Resorts, LLC, and Wyndham Hotel Management, Inc. (“Wyndham”) had agreed to settle FTC...more

Australia’s Proposed Data Breach Notification Law: What’s The Harm In A “Real Risk of Serious Harm” Standard?

Last week, the government of Australia released an “Exposure Draft” of a bill that, if passed into law, would amend Australia’s Privacy Act to require notification to the government and affected individuals in the event of a...more

Big Win for Automakers After Federal Judge Dismisses Car Hacking Lawsuit

On November 25, a California federal court dismissed without prejudice a proposed class action against Toyota Motor Corp., Ford Motor Co., and General Motors LLC, claiming the carmakers failed to ensure the electronic...more

Anticipating Decisions In Three Supreme Court Cases With Potential To Impact Class Action Litigation

The US Supreme Court’s October 2015 term includes three cases that may have important implications for class action litigation: Spokeo Inc. v. Robins et al., 13-1339, Campbell-Ewald Co. v. Gomez, 14-857, and Tyson Foods, Inc....more

Motion to Dismiss for Lack of Subject Matter Jurisdiction Denied Where Complaint Alleged Sufficient Facts to Establish...

Defendant's filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) motion, contending that Plaintiffs lacked standing because no case or controversy existed at the time Plaintiffs filed the complaint. Defendant argued...more

What’s Hot in Class Actions (Part 1/3): SCOTUS on Company’s Power to Moot an Action & Congress’ Power to Create One

Class actions consume considerable company resources and can pose significant risk of exposure in the $ millions or $ billions. Therefore, it is critical for companies to prepare themselves – to know the trends in class...more

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