In a decision that narrows the path to federal court for plaintiffs seeking statutory damages with no actual harm, the full 11th Circuit has held that a plaintiff must plead a concrete injury to bring a claim based on an...more
We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the...more
Data breach plaintiffs often have a very difficult time stating a concrete injury, and courts have wrestled with whether these plaintiffs can file suit in federal court. We have been watching this issue and writing about it...more
Consumer data breach class actions, for all of their popularity on dockets and especially in headlines, can make difficult cases for plaintiffs. Issues like standing and damages often keep these cases from getting off the...more
8/23/2018
/ Article III ,
Causation ,
Class Action ,
Class Certification ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Popular ,
Predominance Requirement ,
Standing
Data breaches have become commonplace. Despite the best efforts of many, identity thieves and hackers always seem to find a new vulnerability somewhere in the system of virtually every company that conducts business online....more
4/24/2018
/ Article III ,
Class Action ,
Corporate Counsel ,
Customer Information ,
Cybersecurity ,
Data Breach ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Popular ,
Standing
We’ve already written about Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), in which the Supreme Court reaffirmed that all federal plaintiffs, even those alleging a statutory violation, must have suffered a real, concrete...more
3/28/2018
/ Article III ,
Class Action ,
Class Certification ,
Data Breach ,
Debit and Credit Card Transactions ,
Dismissals ,
FACTA ,
FDCPA ,
Injury-in-Fact ,
Motion to Vacate ,
Personally Identifiable Information ,
Remand ,
Removal ,
Spokeo v Robins ,
Standing ,
Statutory Damages ,
Statutory Violations ,
Subject Matter Jurisdiction
This webinar focuses on strategies for mitigating reputational, litigation, and regulatory risk in the post-data breach environment. We will offer specific practice tips to implement during this crisis period that are...more
The U.S. Court of Appeals for the Eighth Circuit has sent the Target data breach consumer class action settlement back to the trial court for a second look at class certification, holding that the district judge did not...more