Topic
Standing
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Privacy & Information Security Law Blog
Neiman Marcus Seeks En Banc Review
On August 3, 2015, Neiman Marcus requested en banc review of the Seventh Circuit’s recent decision in Remijas v. Neiman Marcus Group, LLC. The Seventh Circuit found that members of…
Inside Privacy
Neiman Marcus Asks Full 7th Circuit to Consider Standing Ruling in Breach Suit
A Seventh Circuit panel that allowed a data breach suit against Neiman Marcus to proceed misapplied the Supreme Court’s precedents on standing and, “if allowed to stand, will impose wasteful…
Byte Back
Breach litigation standing — the bell tolls for Clapper
By Taylor Concannon, Peter Sloan
For years, federal district courts have reliably dismissed data breach consumer class actions at the outset, citing the U.S. Supreme Court’s 2013 decision in Clapper v. Amnesty International. Defendants’ tried-and-true argument…
Law Trends
Get Ready for More Class-Action Lawsuits: The Seventh Circuit Finds Potential Future Harm Sufficient for Standing in Data-Breach Class Action
By Miller Nash Graham & Dunn LLP
For years, data-breach plaintiffs have faced a huge barrier to obtaining relief in court: many courts have dismissed their complaints because they have been unable to demonstrate actual harm (or…
Eye On Privacy
Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions
As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the…
The Global Privacy Watch
7th Circuit – Alleged Injuries Can Confer Standing In Data Breach Suit
In any case involving a data breach of customer or employee information, the first line of defense for the defendant is to assert that the plaintiff(s) lack standing to bring…
The D&O Diary
O.K., This Is a Big Deal: 7th Cir. Reinstates Neiman Marcus Consumer Data Breach Class Action
In a ruling that could provide an important boost future consumer data breach class action litigation, the Seventh Circuit has reinstated the Neiman Marcus data breach lawsuit, ruling that the…
Environmental Law Prof Blog
D.C. Circuit Holds that Environmental Group Falls Outside of Zone of Interests of NEPA and the Clean Water Act
On July 21, the D.C. Circuit (Rogers (dissenting in part), Brown, Ginsburg) issued a decision in Gunpowder Riverkeeper v. FERC. Gunpowder Riverkeeper, an environmental organization, filed a petition for review…
Environmental Law Prof Blog
D.C. Circuit Rejects Biofuels Producers’ Challenge to EPA Test Fuel Regulation
On July 14, the D.C. Circuit (Tatel, Kavanaugh, Pillard) issued a decision in Energy Future Coalition v. EPA. The Clean Air Act requires vehicle manufacturers to test emissions from their…
Health Law Rx
Illinois Appellate Court Holds No Standing to Sue for Medical Information Data Breach Where Injury is Speculative
On June 2, 2015, the Second District Illinois Appellate Court affirmed the decisions of two lower courts, which had dismissed breach of privacy cases for lack of standing. The cases…