We have previously reported on the ongoing litigation between Neiman Marcus and class action plaintiffs as a result of the data breach during the holidays in 2013 (related post here). The breach involved the credit card information of up to 350,000 customers.

Although the Seventh Circuit Court of Appeals overturned Neiman Marcus’ successful dismissal of the putative class action litigation in September, which many have commented is an “outlier” decision, the plaintiffs were allowed to file an Amended Complaint, to which Neiman Marcus moved to dismiss, saying that the plaintiffs have not suffered any injury and did not “overpay” or would not have shopped at the store if they knew inadequate security measures were in place to protect their personal information. This is a fairly new theory presented by plaintiffs in data breach litigation, and we will be watching the outcome of this case very closely.