8th Circuit Finds Standing in Data Breach, but Tosses Claims as 'Bare Assertions'
The panel found that Matthew Kuhns had standing to bring breach-of-contract claims against Scottrade, but affirmed dismissal of the case on different grounds brought up on appeal.
August 22, 2017 at 09:57 AM
7 minute read
A federal appeals court has found that a plaintiff had standing to sue over a 2013 data breach but couldn't bring claims based on “bare assertions.”
Monday's decision by the U.S. Court of Appeals for the Eighth Circuit reversed a Missouri federal judge's finding for St. Louis-based investment firm Scottrade Inc. based on federal jurisdiction.
Citing the U.S. Supreme Court's 2016 ruling in Spokeo v. Robins and precedent in its own circuit, the panel found that Matthew Kuhns had standing to bring breach-of-contract claims against Scottrade.
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