Tag Archives: data breach class action

Substantial Risk of Harm in Data Breach Class Actions Ripe for Supreme Court Review

By Jonathan A. Forman on May 16, 2017 Posted in Data Breach

Early in May, the U.S. Court of Appeals for the Second Circuit in Whalen v. Michaels Stores, Inc., No. 16-260 (L) (2d Cir. May 2, 2017), affirmed the dismissal of a data breach class action brought against Michaels Stores Inc. (Michaels) for failing to sufficiently allege an injury to support standing. This decision is significant … Continue Reading

Clapper and Data Breach Litigation

By Rand L. McClellan on June 11, 2013 Posted in Class Action Trends, Data Breach

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

Court Denies Motion for Class Certification in Hannaford

By Erica Gann Kitaev on April 4, 2013 Posted in Class Actions Privacy

Editor’s Note: This is a cross-blog post with BakerHostetler’s Data Privacy Monitor blog. For the latest news and updates regarding privacy and data protection, visit www.DataPrivacyMonitor.com. In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of … Continue Reading

Data Breach Class Actions on The Rise

By Matthew J. Moody on January 2, 2012 Posted in Data Breach

A recent Ninth Circuit decision will allow a class action brought under California’s Song-Beverly Credit Card Act (Song-Beverly Act) against Louis Vuitton to proceed in federal court. In Morey v. Louis Vuitton North America, Inc., No. 11-56916, 2011 WL 6256963 (9th Cir. Dec. 15, 2011), Plaintiff filed a putative class action against Louis Vuitton for … Continue Reading