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Category Archives: standing

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Ninth Circuit Finds Standing in Zappos Breach

Posted in Class Action, standing

Continuing the split among federal courts, the Ninth Circuit found that plaintiffs in a consumer data breach class action against Zappos have Article III standing based on the hacking incident, not subsequent criminal activity.  (Read opinion here  In re Zappos.Com., Inc. Customer Data Security Breach Litigation (01565871xAE57E).  Standing is determined at the time of the breach, not when… Continue Reading

Is Credit Monitoring a Step Towards Standing?

Posted in Damages, Data Breach, standing

On September 12, the 6th Circuit Court of Appeals concluded that members of a class action have Article III standing to sue Nationwide Insurance for negligence after hackers breached Nationwide’s computer network and stole personal information.  Galaria/Hancox v. Nationwide Mut. Ins. Co., Nos. 15-3386/3387, 2016 WL 4728027 (6th Cir. Sep. 12, 2016). As with the P.F. Chang… Continue Reading

7th Circuit Reverses, Finds Standing in P.F. Chang Data Breach Lawsuit

Posted in Neiman Marcus, P.F. Chang, standing

For the second time in less than a year, the 7th Circuit has found standing by plaintiffs seeking class certification for a data breach. On April 14, 2016 the 7th Circuit issued its opinion in Lewert v. P.F. Chang’s China Bistro, Inc.  PF Chang Opinion (7th Circuit April 14, 2016) (01168901xAE57E) P.F. Chang had a credit… Continue Reading

Court of Appeals Allows Class Action to Proceed Against Neiman Marcus

Posted in credit monitoring, standing

On July 20, 2015 the U.S. Court of Appeals for the 7th Circuit addressed the issue of standing in a suit by class action plaintiffs against Neiman Marcus following a 2013 data breach.  Neiman Marcus Opinion (01008181xAE57E) In a significant decision by an influential court, the 7th Circuit ruled that plaintiffs showed a substantial risk of harm from the breach and therefore have standing… Continue Reading