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Motion to Dismiss Debit and Credit Card Transactions

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

Troutman Pepper on

The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

Locke Lord LLP

You Can’t Have Your Cake And Eat It Too—Seventh Circuit Warns Defendants Not To Remove To Federal Court And Then Move To Dismiss...

Locke Lord LLP on

On May 14, 2018, the Seventh Circuit Court of Appeals issued a significant jurisdictional decision that further limits defendants’ use of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Collier v. SP Plus Corp., No....more

Carlton Fields

Aw Schnucks! Seventh Circuit Dismisses Data Breach Class Action By Financial Institution Plaintiffs Under Economic Loss Doctrine

Carlton Fields on

The Seventh Circuit recently upheld the dismissal of a novel putative class action filed by financial institutions against grocer Schnuck Markets (“Schnucks”) based on the economic loss doctrine. ...more

Robinson+Cole Data Privacy + Security Insider

Wendy’s Executives and Board File Motion to Dismiss

We previously reported that Wendy’s was hit with a putative class action shareholders’ derivative suit in December following its data breach in 2016. Late last week, the executives and Board of Wendy’s filed a Motion to...more

Mintz - Privacy & Cybersecurity Viewpoints

Home Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds

In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond...more

Mintz - Privacy & Cybersecurity Viewpoints

Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action

A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss. This most recent ruling follows on the heels of the...more

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