Wait, What?! Ninth Circuit Affirms Dismissal of Data Breach Litigation for Deficient Damages Allegations

Christina Lamoureux and Kristin Bryan of Squire Patton Boggs  write:

At CPW we’ve been giving our readers comprehensive coverage of rulings in the realm of data breach litigation. For a reminder of the current Article III standing split in the data breach context and some other decisions, check out our prior posts herehere, and here. Well, last week, in a break with a recent streak of plaintiff-friendly rulings, the Ninth Circuit recently sided with a defendant in affirming that a plaintiff had failed to adequately allege damages in a data breach litigation. Read on below to find how it all went down.

In Pruchnicki v. Envision Healthcare Corp., No. 20-15460, 2021 U.S. App. LEXIS 11699 (9th Cir. Apr. 21, 2021), the Ninth Circuit considered the Plaintiff’s appeal of the district court’s dismissal of her claims against several healthcare corporations for a third party data breach.

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