News & Analysis as of

Negligence › Article III › Class Action

Constangy, Brooks, Smith & Prophete, LLP

Standing survives, but claims fail

Constangy, Brooks, Smith & Prophete, LLP on

In Perlaki v. J.B. Poindexter & Co., Inc., a data breach class action, Magistrate Judge Andrew M. Edison of the Southern District of Texas found that the plaintiff had standing to sue under Article III of the United States...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

ArentFox Schiff on

Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Robinson+Cole Data Privacy + Security Insider

Filters Fast LLC Fails to Obtain Dismissal of Plaintiffs’ Proposed Class Action

Robinson+Cole Data Privacy + Security Insider on

This week, a North Carolina federal judge denied Filters Fast LLC’s motion to dismiss a proposed data breach class action, ruling that the plaintiffs demonstrated adequate harm to satisfy Article III standing....more

Vinson & Elkins LLP

No (Actual) Injury, No Problem: Second Circuit Recognizes An “Increased-Risk” Theory Of Standing For Plaintiffs In Data Breach...

Vinson & Elkins LLP on

In McMorris v. Carlos Lopez & Associates, LLC, a data breach case, the Second Circuit held that plaintiffs may demonstrate standing based on a theory of “increased risk” of future identity theft or fraud following an...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

Fisher Phillips on

A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Troutman Pepper Locke

Chambers Global Practice Guide: Product Liability & Safety

Troutman Pepper Locke on

1. Product Safety - 1.1 Legal Framework - The main laws and regulations governing product safety in the United States include: The Consumer Product Safety Act of 1972, 15 U.S.C. § 2051 et seq, created the Consumer...more

Fenwick & West LLP

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

Patterson Belknap Webb & Tyler LLP

Banner Health Class Action Claims Survive Motion to Dismiss

Patterson Belknap Webb & Tyler LLP on

Wednesday, a federal district court in Arizona denied in part and granted in part Banner Health’s motion to dismiss class action claims arising from a 2016 data breach. ...more

Patterson Belknap Webb & Tyler LLP

Galaria v. Nationwide: Data Breach Plaintiffs Standing Strong in the Sixth

Patterson Belknap Webb & Tyler LLP on

This week, in the first post-Spokeo circuit court decision to address standing in a data-breach class action, the Sixth Circuit joined the Seventh Circuit in holding that plaintiffs whose sensitive personal information has...more

Patterson Belknap Webb & Tyler LLP

A Closer Look At The Fallout From The Home Depot Data Breach

Patterson Belknap Webb & Tyler LLP on

More than a year and a half ago, Home Depot announced that it had been a victim of one of the largest data breaches in U.S. history. Media outlets reported that the breach had affected Home Depot’s customers who had made...more

Ballard Spahr LLP

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

Ballard Spahr LLP on

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Concludes Plaintiffs Have Standing to Sue in Data Breach Class Action

Faegre Drinker Biddle & Reath LLP on

On July 20, 2015, the U.S. Court of Appeals for the Seventh Circuit held in Remijas v. Neiman Marcus Group that injuries associated with resolving fraudulent charges and protecting oneself against future identity theft after...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide