DC Circuit Reverses Dismissal of Case Over Cyberattack, Finding Possible Harm in Data Loss
Calling for a broader view of standing, a federal appeals court in Washington, D.C., has reversed dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst. The D.C. Circuit decision comes in one of the first data breach cases to address standing under the U.S. Supreme Court's holding in .
August 02, 2017 at 08:05 PM
12 minute read
Calling for a broader view of standing, a federal appeals court in Washington, D.C., has reversed dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst. The D.C. Circuit decision comes in one of the first data breach cases to address standing under the U.S. Supreme Court's holding in Spokeo v. Robins,
The U.S. Court of Appeals for the District of Columbia ruled on Tuesday that the district judge had “given the complaint an unduly narrow reading” in finding that the plaintiffs' claims of increased risk of identity theft were speculative. U.S. District Judge Christopher Cooper of the District of Columbia based much of his ruling on the fact that the plaintiffs couldn't allege identity theft risks if their Social Security or credit card numbers hadn't been stolen.
“But that conclusion rested on an incorrect premise: that the complaint did not allege the theft of Social Security or credit card numbers in the data breach,” wrote Circuit Judge Thomas Griffith. “In fact, the complaint did.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
SEC Fines 4 Companies $7M for Downplaying Breaches Tied to Massive SolarWinds Hack
Confusion Over New SEC Cyber Rules Leading Firms to Overstate Attack Readiness
Judge Stresses Need for Judiciary's Attention to Cybersecurity During Election Season
Greenberg Traurig's Strategy to Recover $4M in Malicious Email Spoofing Attack
4 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
