On April 14, 2016, the United States Court of Appeals for the Seventh Circuit held that the two plaintiffs in Lewert v. P.F. Chang’s China Bistro, Inc., No. 14-3700 (7th Cir. Apr. 14, 2016) have standing to pursue claims arising from a 2014 data breach suffered by that restaurant chain. The court, in an opinion written by Chief Judge Diane Wood, reversed the district court’s dismissal of this putative class action for lack of standing in light of Remijas v. Neiman Marcus Grp., LLC, 794 F.3d 688 (7th Cir. 2015). The decision in Lewert thus reaffirms Remijas and further clarifies the law of standing in data breach actions in the Seventh Circuit. While the effect of Remijas and Lewert on litigation in other circuits remains to be seen, the Seventh Circuit’s decision in Lewert is likely to be another significant point of reference for data breach litigants going forward.
