TJX Motion to Dismiss Bank’s Claims
I came across this ruling in the TJX matter that dismisses some of the banks’ claims against TJX: Link Consistent with past decisions (B.J. Wholesalers) it looks like issuing banks cannot rely on a 3rd...
View ArticleThe TJX Case: It Lives! With a New Theory of Liability: “Unfairness”
The last two plaintiff-banks still breathing after 1st Circuit Appeal Little know (or at least discussed) fact: despite announcing settlements with VISA and Mastercard in 2007, the TJX data security...
View ArticleHannaford’s Motion to Dismiss: Victory for Merchants (Part 2)
As detailed in ISC’s first post on the Hannaford case, I detailed the District Court’s rationale for either dismissing or generally recognizing various legal theories around payment card number...
View ArticleMerrick Bank v. Savvis Update: Savvis Files Motion to Dismiss
As reported previously, the CardSystems security breach has resulted in a lawsuit brought by a merchant bank (Merrick Bank) against CardSystem’s security assessment company (Savvis). The suit alleges...
View ArticleMerrick Bank v. Savvis: Merrick Files its Response to Savvis’ Motion to Dismiss
On July 7, 2009, Merrick Bank filed its response to Savvis’ motion to dismiss. I have not had a time yet to analyze the brief, but will do so in the near future. In the meantime, if any readers would...
View ArticleQuickhits: Federal Judge Dismiss Aetna Data Breach Case Due to Lack of...
A Federal judge in the U.S. District Court for the Eastern District of Pennsylvania dismissed a class action lawsuit arising out of a data security breach involving Aetna, Inc. (original compliant...
View ArticleFederal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs...
In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of...
View ArticleFirst Reported Shine the Light Suit Dismissed for Failure to State Cognizable...
Last week, a plaintiff’s putative class action alleging a violation of California’s Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men’s Journal LLC,...
View ArticleEleventh Circuit Rules “Damages” Properly Alleged in Data Breach-Identity...
InfoLawGroup Counsel Andrew L. Hoffman contributed to this post. In a case of first impression in the Eleventh Circuit, the Court ruled in a 2-1 opinion that the plaintiffs in a putative class action...
View ArticleDoes Clapper Silence Data Breach Litigation? A Two-Year Retrospective
This February 26, 2015, marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA,[1] which required plaintiffs to allege that a threatened injury is...
View Article
