Defending Class Action Certification In Data Breach Litigation
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
January 23, 2023 at 09:38 AM
11 minute read
What You Need to Know
- Questions regarding the value of damages due to a data breach have flooded the courts in the context of data breach class action litigation.
- These questions have resulted in contradicting decisions among state and federal courts as to whether a prospect of future identity theft or financial harm is sufficient to confer standing.
- The influx of data breach class action litigation has highlighted another critical question — has a plaintiff met the requirements under FRCP 23 to bring suit on behalf of themselves and a putative class?
This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation involving as few as two parties and as many as thousands in the form of class action litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
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