Jurisdiction, Class Action, Data Breach

Class action waiver prevails: Fourth Circuit reverses certification in Marriott data breach litigation again

Hogan Lovells on 6/16/2025

The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more

Similarity Between Cross-Jurisdictional Class Actions Is Not Enough to Justify Staying One Action Pre-Certification

Bennett Jones LLP on 3/6/2025

In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge’s decision not to strike the plaintiff’s claim because of a parallel action in Ontario that also sought certification as a...more

Product Liability Trends in the Automotive Industry

Foley & Lardner LLP on 4/26/2023

Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

Current Turmoil and Future Risks in Resolving Data Breach Class Actions

Polsinelli on 3/14/2023

Data incident lawsuits, especially class actions, have the potential to create significant business disruption, loss of marketplace credibility, civil liability or regulatory exposure. Consequently, companies that experience...more

Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages

Bradley Arant Boult Cummings LLP on 8/27/2019

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

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Mintz - Privacy & Cybersecurity Viewpoints on 6/4/2015

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue. Because...more