The Standing Struggle in Data Breach Litigation Continues

Dena Castricone of Murtha Cullina writes:

Two courts. Two days.  Two different results.  On March 7, on remand from the U.S. Court of Appeals for the Eighth Circuit, a federal district court judge in Minnesota granted a motion to dismiss a consumer class action suit involving a 2014 data breach affecting over 1,000 grocery stores.  The court found that the allegations of possible future identity theft or fraud because of the breach were not sufficient to establish a substantial risk of future harm.

The next day, the U.S. Court of Appeals for the Ninth Circuit reached an opposite result, further highlighting the split among courts on the issue of standing in data breach litigation.

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