News & Analysis as of

Personally Identifiable Information Imminent Harm

Fisher Phillips

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

Fisher Phillips on

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

Lathrop GPM

Data Breach Class Action Reinstated

Lathrop GPM on

Must plaintiffs allege actual identity theft from a data breach to avoid dismissal of their class action lawsuit? No, according to yesterday’s opinion from a three-judge panel of the United States Court of Appeals for the...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

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

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

Snell & Wilmer

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

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On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...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

Robinson & Cole LLP

Zappos proposed data breach class action litigation dismissed

Robinson & Cole LLP on

Continuing the growing trend of dismissing data breach cases when there is no evidence of actual harm, the United States District Court for the District of Nevada last week dismissed a class action case filed against Zappos...more

King & Spalding

Horizon Avoids Data Breach Class Action For Lack Of Standing

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On March 31, 2015, a New Jersey federal judge dismissed a class action lawsuit against Horizon Healthcare Services Inc. alleging the company failed to protect the personal information of thousands of insurance network members...more

Cozen O'Connor

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Cozen O'Connor on

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Carlton Fields

Threat of Identity Theft is Not Enough: Another Data Breach Class Action Dismissed for Lack of Standing

Carlton Fields on

Hewing to prior Third Circuit precedent in Reilly v. Ceridian and the Supreme Court’s precedent in Clapper v. Amnesty International, the Middle District of Pennsylvania recently joined the majority of federal district courts...more

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