Plaintiffs failed to demonstrate injury, so please toss the case – Sony
[Sony Gaming Networks and Customer Data Security Breach Litigation, case number 3:11-md-02258 in the U.S. District Court for the Southern District of California]
Juan Carlos Rodriguez reports that Sony Corp. is trying again to get the amended complaint about it tossed. The lawsuit stems from the massive hack of its PlayStation and Qriocity networks in April 2011. The court had given the plaintiffs leave to amend their complaint to show specific injury or harm suffered as a result of the breach.
“While the amended complaint is certainly much longer than its predecessor, plaintiffs have failed to address the fatal defects previously pointed out by the court,” Sony said in its motion to dismiss.
According to Sony, Judge Battaglia said the plaintiffs needed to specifically allege facts when claiming their personal information was misused to show injury sufficient to support their claims, but they repeat “verbatim” their deficient allegations of purported misuse, and none of the newly added plaintiffs alleges any misuse at all.
Read more on Law360 (subscription required).