Another Data Loss Case Tossed on Article III Grounds–Whitaker v. Health Net

February 19, 2012 · by

…on Krottner (“Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit“) and Ruiz (“9th Circuit Affirms Rejection of Data Breach Claims Against Gap“).) The court distinguishes Krottner and Ruiz on the…

Third Circuit Says Data Breach Plaintiffs Lack Standing Absent Misuse of Data — Reilly v. Ceridian

January 18, 2012 · by

…Not Confer Standing for Data Breach Suit Previous posts: “9th Circuit Affirms Rejection of Data Breach Claims Against Gap — Ruiz v. Gap” “The [Non]enforceability of Privacy Promises–Pinero v. Jackson…

Mass Ct: ZIP Code is Personal Identification Info Under Credit Card Statute But Plaintiff Must Still Allege Harm — Tyler v. Michaels Stores

January 10, 2012 · by

…(“Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou.”) Under this theory, her personal information is a valuable piece of…

The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Amazon

December 2, 2011 · by

…Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou…

App Developer RockYou Settles Privacy Lawsuit–Claridge v. RockYou

November 17, 2011 · by

…standing. (“Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff.”) RockYou is an app developer who claimed to have 130 million unique customers using…

LinkedIn Beats Referrer URL Privacy Class Action on Article III Standing Grounds–Low v. LinkedIn

November 14, 2011 · by

…the ultimate fate of this theory. (Here’s my earlier blog post on the RockYou case: “Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff.”)…

In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.

October 27, 2011 · by

…Hannaford Breach Case” Earlier posts on Hannaford: “Hannaford Data Breach Plaintiffs Rebuffed in Maine” “Two More Courts Close the Doors on Data Breach Plaintiffs.” Related (data breach) posts: “Starbucks Data…

Q3 2011 Quick Links, Part 3

October 13, 2011 · by

…to the 9th Circuit. Prior blog post. Related blog post. * The Lares Institute, Data Breaches and the Phantom Damage Allegation, July 2011: 97% of those surveyed had not “experience[d]…

Massachusetts Court Dismisses Lawsuit Alleging Failure to Adequately Safeguard Personal Information — Katz v. Pershing

October 7, 2011 · by

…failed to comply with. Katz argued that here, Pershing failed to comply with Massachusetts’ data breach statute, which was enacted in the wake of the well-publicized TJX data breach. The…

Another Lawsuit over Flash Cookies Fails — Bose v. Interclick

August 18, 2011 · by

…Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou…