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On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more
Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more
The Eleventh Circuit’s recent ruling in In re Brinker Data Incident Litigation (“Brinker”) is the first time that a federal circuit court has ruled on a lower court’s grant of class certification in a data breach class action...more
Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more
Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance, plaintiffs next bear the high burden of achieving...more
The holidays came early for class action defendants in the Eleventh Circuit. Within just over a month, that court issued two decisions with potentially large consequences for data breach litigation in the Eleventh Circuit:...more
While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more
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
We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...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
Where the (Class) Action Is - Welcome to the latest edition of the Class Action Roundup, covering significant decisions and settlements from the second quarter of 2018. Arbitration was a hot topic this quarter with the...more
We’ve previously blogged about the creative efforts of plaintiffs’ counsel to expand the contours of data breach litigation. ...more
The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more
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
Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more
We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more
As the Supreme Court begins its new term, the trajectory of its recent class certification guidance will be a key issue for many. The spring and summer of 2016 delivered significant new contours in class certification...more
Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more
On July 20, 2015, the Seventh Circuit issued its opinion in Remijas v. Neiman Marcus Group, 794 F. 3d 688 (7th Circ. 2015), which immediately became the low-water mark for Article III standing in data breach cases. In short,...more
The burgeoning area of privacy class action litigation showed no signs of slowing down in 2015. Here are some of the most significant developments from the past year, as well as some things to watch for in the coming year....more
Illicit affairs have always imposed risks – from marital discord and divorce to boiling bunnies and Maury appearances. However, when old-school adultery met new-school technology on the Ashley Madison infidelity website,...more
On February 11, 2015, the U.S. District Court for the Southern District of Texas held that a plaintiff lacked standing to pursue claims for alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq....more
In a potentially groundbreaking decision, the Supreme Court of Appeals of West Virginia reversed a trial court’s order denying class certification in a data breach class action. The case, Tabata v. Charleston Area Medical...more