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Damages › Data Breach › Class Certification

Hogan Lovells

District court pushes class certification over the Brink(er)

Hogan Lovells on

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

Alston & Bird

Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases

Alston & Bird on

On June 27, 2025, the District Court for the Middle District of Florida, on remand from the Eleventh Circuit, reversed course when it denied class certification to a group of plaintiffs who were purportedly impacted by a...more

Pierce Atwood LLP

Supreme Court Declines to Take Up Circuit Split on Whether Courts May Grant Class Certification by Averaging Different Class...

Pierce Atwood LLP on

On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

Stikeman Elliott LLP on

In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Wiley Rein LLP

4 Important Class Cert. Issues From 2 Data Breach Cases

Wiley Rein LLP on

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

BakerHostetler

Class Action – Damages and Class Treatment – 2013 Year in Review

BakerHostetler on

In 2013, theories of injury and damages revealed themselves to be deciding factors at the class certification stage of litigation and whether plaintiffs are able to prove damages on a class-wide basis. Even in those cases...more

Mintz - Privacy & Cybersecurity Viewpoints

Hannaford Data Breach Class Action Certification: Denied

Mintz - Privacy & Cybersecurity Viewpoints on

Damages issues continue to bedevil would-be data breach class action plaintiffs. A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without...more

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