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Imminent Harm Standing

WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

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One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

Ervin Cohen & Jessup LLP

Ninth Circuit Decertifies Class in Coca-Cola False Advertising Case

On August 31, 2021, the Court of Appeals for the Ninth Circuit issued an unpublished order revoking class certification of a consumer class in a Coca-Cola labeling case. The plaintiffs alleged that Coke’s advertising slogan...more

Mintz - Privacy & Cybersecurity Viewpoints

Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts

As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that...more

Goodwin

Federal Circuit Addresses Standing in Decision on Appeal from PTAB

Goodwin on

Last week, the Federal Circuit issued a decision in Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, in which the court held that Altaire had standing to appeal the PTAB’s final written decision in a post-grant review...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Fisher Phillips

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

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Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

Goodwin

New Jersey District Court Considers Expansion of FCRA Liability

Goodwin on

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The...more

Bracewell LLP

Data Breach Lawsuit Survives Motion to Dismiss

Bracewell LLP on

In an April 13, 2017 decision in Walters v. Kimpton Hotel, a California federal judge rejected the bid of hotel chain Kimpton Hotel and Restaurant Group, LLC to dismiss a proposed class action arising from a data breach last...more

Fisher Phillips

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

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In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

Dorsey & Whitney LLP

Deconstructing Aranda: How Bad Facts Made a Good Judge Make Bad Law

Dorsey & Whitney LLP on

Within an hour or so of the Supreme Court handing down its landmark ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), I had declared the case to be the end of TCPA class litigation. In a nutshell: a violation of the...more

Sherman & Howard L.L.C.

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’...more

Seyfarth Shaw LLP

Don’t Mess With Texas: EEOC’s Criminal Background Check Guidance Subject To Challenge

Seyfarth Shaw LLP on

On June 27, 2016, the U.S. Court of Appeals for the Fifth Circuit handed a victory to the State of Texas in Texas v. EEOC , No. 14-10949 (5th Cir. June 27, 2016), by remanding back to the district court the case it dismissed...more

Robinson+Cole Data Privacy + Security Insider

Data breach class action dismissed against SuperValu for lack of standing

Last week, a Minnesota court ruled that a consolidated class action filed against SuperValu retail chain failed to assert any harm, finding that while SuperValu did suffer two data breaches, the class’s claims of possible...more

McGuireWoods LLP

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

McGuireWoods LLP on

Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Mintz - Privacy & Cybersecurity Viewpoints

Neiman Marcus Chides Seventh Circuit Panel

Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims - Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of...more

Patterson Belknap Webb & Tyler LLP

Remijas v. Neiman Marcus: Seventh Circuit Affords Broad Standing To Sue Over Consumer Data Breaches

When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more

Mintz - Privacy & Cybersecurity Viewpoints

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

Seyfarth Shaw LLP

Illinois Appellate Court Finds Non-Injured Plaintiffs Lack Standing To Pursue Claims For Technical Violations Of State Consumer...

Seyfarth Shaw LLP on

In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782-U (Ill. App. Ct. June 2, 2015), the Illinois Appellate Court was asked to decide whether individuals have standing to bring suit for violations of...more

Burr & Forman

U.S. Supreme Court to Use TCPA to Determine Power of Rule 68 Offers of Judgment

Burr & Forman on

Three weeks ago, the U.S. Supreme Court raised eyebrows when it granted certiorari in Spokeo, Inc. v. Robins, — S.Ct. —, 2015 WL 1879778 (Apr. 27, 2015), where it appears the Court will decide whether a consumer has...more

Robinson & Cole LLP

Spokeo, Inc. v. Robins: Supreme Court to Decide Class Action Standing Issue

Robinson & Cole LLP on

The U.S. Supreme Court recently granted certiorari in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSblog page), to decide whether a plaintiff who does not suffer any injury has Article III standing to sue for violation of a...more

Davis Wright Tremaine LLP

Will Class Actions Have a Leg to Stand on After Spokeo?

In essence, the question presented in Spokeo is whether a statutory violation, without more, satisfies the injury requirements for Article III standing purposes. Should the Court rule in Spokeo, Inc.’s favor when it hears the...more

K&L Gates LLP

Spokeo, Inc. v. Robins: U.S. Supreme Court to Consider Whether Plaintiffs Have Standing to Assert a Statutory Violation without...

K&L Gates LLP on

The United States Supreme Court has granted certiorari to decide whether a statutory violation alone, unaccompanied by any actual harm to the plaintiff, is sufficient to establish Article III standing. See Spokeo, Inc. v....more

Robinson & Cole LLP

SCOTUS agrees to hear Spokeo FCRA case

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The U.S. Supreme Court this week agreed to hear a highly watched privacy case which will have great significance in the rapidly changing area of privacy law....more

Fenwick & West LLP

Litigation Alert: SCOTUS Grants Certiorari to Review Ninth Circuit’s Spokeo Decision Granting Standing To Enforce Statutory Rights...

Fenwick & West LLP on

In an important move that may clarify standing in a variety of consumer cases, the U.S. Supreme Court on April 27, 2015 granted review in Robins v. Spokeo, Inc., 742 F.3d 409 (9th Cir. 2014), cert. granted, 135 S. Ct. 323...more

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