Al Saikali writes:
Plaintiffs in data breach lawsuits around the country have had a difficult time surviving motions to dismiss and for summary judgment. A number of courts have rejected these lawsuits because they failed to allege or demonstrate cognizable injuries, standing, causation, and the requisite elements to withstand an economic loss rule defense. It is dangerous, however, to paint an overly broad brush. Two federal class action data breach lawsuits have now resulted in proposed settlements. Both of those lawsuits are pending in the Southern District of Florida, raising the question of whether the plaintiff’s bar will perceive the Southern District of Florida as a Plaintiff-friendly jurisdiction for data breach lawsuits, resulting in even more lawsuits being filed there.
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