Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017).
As we recently touched on at the KMK Cybersecurity Seminar, lower courts are beginning to apply Spokeo Inc. v. Robins as defendants renew challenges to class certification.
Last week the Seventh Circuit reinstated the Neiman Marcus data breach class action, holding that plaintiffs had satisfied Article III’s standing requirements based on at least some of the injuries they alleged. In doing so, the Seventh Circuit became the first federal court of appeals to rule on a challenge to the standing of purported data breach victims in light of the Supreme Court’s decision in Clapper v. Amnesty International, 133 S. Ct. 1138 (2013), and diverged from the growing majority of federal district courts that have held similar allegations are insufficient to confer standing.
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- Happy New Year from the CCPA
- Can’t We All Get Along in the Cyber Sandbox?
- California's New Privacy Law is Coming - Are You Ready?
- Gearing up for National Cybersecurity Awareness Month: KMK Hosts Third Annual Cybersecurity & Privacy Seminar
- Ohio Data Protection Act - Safe Harbor for Businesses in Ohio
- Ohio’s Data Protection Act: What You Need to Know
- September 2018 Was a Busy Month for Data Privacy
- GDPR - 90 Days Later
- GDPR: What We're Learned So Far and What to Expect
- GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know