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Data Security › Standing › Personal Information

BakerHostetler

Courts Are Still Willing To Dismiss Data Breach Lawsuits for Lack of Standing

BakerHostetler on

In data breach litigation, courts generally find plaintiffs have standing such that their complaints may proceed past the pleading stage when it is alleged that sensitive information was impacted and there is an allegation of...more

Hinshaw & Culbertson - Consumer Crossroads

Navigating Standing Considerations in Data Breach Class Actions

Hinshaw & Culbertson - Consumer Crossroads on

The growing prevalence of data breaches has led to an uptick in class action litigation based on consumers' personal information allegedly being accessed. A common theme emerging in these lawsuits is plaintiffs claiming that...more

Clark Hill PLC

Illinois Supreme Court Affirms Dismissal of Data Breach Class Action for Lack of Standing

Clark Hill PLC on

On Jan. 24, the Illinois Supreme Court, in Petta v. Christie Business Holdings Company, PC, affirmed the dismissal of a putative class action following an alleged data breach because the named plaintiff failed to allege any...more

Kilpatrick

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

Kilpatrick on

Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

McNees Wallace & Nurick LLC

Imminent and Substantial: The Third Circuit Holds That the Leak of Personal Information onto the Dark Web is Sufficient to...

McNees Wallace & Nurick LLC on

A recent decision from the Third Circuit suggests that the leak of information onto the Dark Web provides standing to class action plaintiffs in data breach litigation. In Clemens v. ExecuPharm, Inc., 48 F.4th 146 (3d Cir....more

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

Pierce Atwood LLP on

On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Troutman Pepper Locke

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

Troutman Pepper Locke on

A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more

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