Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court’s decision in Clapper: “No Data Misuse? No Standing For Data Breach Plaintiffs.” Judy’s piece highlights the challenges that face data breach plaintiffs post-Clapper, but also points out that: The continued proliferation of data … Continue Reading
Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading
In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. § 1881a, lacked standing to pursue their claims. In reaching its holding, the Court made statements that should … Continue Reading
Posted in Class Action Trends, Data Breach
