Future of Data Breach Class Actions After ‘Anderson’
John F. Mullen and Francis X. Nolan IV discuss the state of class action lawsuits over data breaches. Here’s a snippet:
In October 2011, the U.S. Court of Appeals for the First Circuit issued its decision in Anderson v. Hannaford, where it denied the defendant grocery chain’s motion to dismiss an action arising from a breach of customers’ personal information—a rare significant victory for plaintiffs alleging mitigation damages.1 Anderson is viewed, by some, as a watershed moment in the brief but frenzied history of data breach litigation. But is it really a departure from precedent? If not, what sets Anderson apart from other unsuccessful data breach actions? This article reviews and analyzes notable decisions in this area of law.
Read their full commentary and analysis on New York Law Journal.