On April 14, 2016, the Seventh Circuit again weighed in on Article III standing requirements in a putative class action involving an alleged data breach.
Plaintiffs in consumer data breach class actions have struggled to establish Article III standing. Article III standing requires an alleged ‘‘concrete and particularized injury that is fairly traceable to the challenged conduct, and is likely to be redressed by a favorable judicial decision.’’
Increased Risk of Fraudulent Charges and Identity Theft Sufficient to Confer Article III Standing According to 7th Circuit
After a district court dismissed a lawsuit filed by customers of restaurant chain P.F. Chang’s China Bistro whose payment card information was stolen during a data breach, the 7th Circuit Court of Appeals has revived the suit.
Back at It Again (with the Standing Opinions): Seventh Circuit Reiterates Article III Standing in Data Breach Class Actions
On July 20, 2015, the Seventh Circuit issued its opinion in Remijas v. Neiman Marcus Group, 794 F. 3d 688 (7th Circ. 2015), which immediately became the low-water mark for Article III standing in data breach cases.
Seventh Circuit, Relying On Defendant’s Post-Breach Statements, Allows Data Breach Class Action to Proceed
Last week, the Seventh Circuit handed down another friendly ruling for data breach class action plaintiffs, reversing a district court’s dismissal of a class action complaint over a 2014 data breach at P.F. Chang’s restaurants.
For the second time in less than a year, the 7th Circuit has found standing by plaintiffs seeking class certification for a data breach.
Although spring-break season is officially over, a recent Seventh Circuit decision offers a lesson to vacationers: When choosing your next vacation destination, make sure it’s somewhere you would be willing to visit again. You might need to litigate there.
The Seventh Circuit Court of Appeals, in a unanimous decision written by Judge Posner, recently ruled that a landlord who legally terminates a lease before a tenant files for bankruptcy protection may later be found to have received a preferential or constructive fraudulent transfer, and held liable to the bankruptcy estate for the full value of the lease.
In recent years, and in particular since decisions like AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), a powerful defense to consumer class actions has been arbitration agreements that include class waivers.