Restaurant’s lawsuit against Micros Systems goes to trial Monday

Cotton Patch Cafe‘s lawsuit against Micros goes to trial in U.S. District Court in Baltimore on Monday. I had posted some of the background on this case back in July 2011, here. The restaurant sued Micros after it was hacked and customers’ credit card information was stolen. Now Gary Haber reports:

The lawsuit alleges that Micros Systems failed to meet credit card industry standards because its system did not have adequate security to prevent hackers from breaking in and stealing customers’ credit card data. The lawsuit alleges unknown third-parties accessed the system in 2006 and 2007 and stole customers’ credit card numbers.

“The system was not compliant at the time they sold it to us,” Larry Marshall, Cotton Patch Cafe’s president, said in an interview.

Louise Casamento, a Micros Systems spokeswoman, called the allegations in the lawsuit “frivolous.”

Cotton Patch’s lawsuit alleged negligence, gross negligence, negligent misrepresentation, fraud by nondisclosure, and violations of the Texas Deceptive Trade Practices Act. I’ve uploaded a copy of their second amended complaint and Micros’s response to it.

Micros moved for summary judgement, and the court granted their motion in part, striking the negligence and gross negligence counts. The three remaining counts will be litigated. Judge Marvin J. Garbis’s Memorandum and Order provides background on the case and allegations and refers to forensic findings. Since most of the court filings are under seal, this document may be helpful if you are trying to get up to speed on this case and what some of the forensic investigations revealed – or didn’t reveal.

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