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Negligence › Article III › Invasion of Privacy

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

Robinson+Cole Data Privacy + Security Insider

Sixth Circuit: Substantial Risk of Harm and Mitigation Costs Sufficient to Confer Standing in Data Breach Case

Robinson+Cole Data Privacy + Security Insider on

On October 12, 2016, the U.S. Court of Appeals for the Sixth Circuit denied a petition for an en banc rehearing of its September 12 decision in Galaria, et al. v. Nationwide Mutual Insurance Company (Nos. 15-3386/3387). In...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

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