Credit: ABCreative/Adobe Stock 'Doors Are Still Open': 1st Circuit Reinstates 'Future Misuse' Claims Stemming From 2021 Data Breach
"The First Circuit applied the Supreme Court's holding in 'TransUnion v. Ramirez' to the real-world facts of data breach cases, where plaintiffs and class members face significant risks from exposure to their confidential information," said David K. Lietz, a partner at Milberg Coleman Bryson Phillips Grossman's Washington, D.C., office who represented the plaintiffs.
July 05, 2023 at 02:45 PM
6 minute read
The U.S. Court of Appeals for the First Circuit has reinstated a complaint against a home-delivery pharmacy service company in relation to a 2021 data breach, finding one of the plaintiffs alleged an injury in fact based on allegations that her personal information was used to file a fraudulent tax return.
While a second plaintiff did not allege the actual misuse of her personal identifying information in the case of Webb v. Injured Workers Pharmacy, a three-judge panel concluded that she plausibly alleged "a concrete injury in fact based on the material risk of future misuse" of her personal information and a "concrete harm caused by exposure to this risk," according to the court's opinion filed June 30.
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