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District Court (Cal.) Finds Factual Question of Whether Data Breach Proximately Caused Loss of Cryptocurrency, But No Basis for Restitution under B&P Code 17200

by Scott J. Hyman |

In Fraser v. Mint Mobile, LLC, No. C 22-00138 WHA, 2022 U.S. Dist. LEXIS 76772, at *2 (N.D. Cal. Apr. 27, 2022), Judge Alsup denied summary judgment to a defendant claiming that its data breach did not proximately cause the Plaintiff's cryptocurrency loss.  The facts were as follows: Defendant Mint Mobile, LLC is a mobile virtual network operator that currently… Read More

District Court (Cal.) Tosses Data Breach Class Action for Wont of Standing

by Scott J. Hyman |

In Holly v. Alta Newport Hosp., Inc., No. 2:19-cv-07496-ODW (MRWx), 2020 U.S. Dist. LEXIS 195652 (C.D. Cal. Oct. 21, 2020), Judge Wright dismissed a data breach class action because the class representative could not demonstrate compensable loss. Holly alleges that she suffered "emotional harm and distress and has been injured in her mind and body." (SAC ¶ 49.) She also… Read More

District Court (Ala.) Dismisses Data Breach Case for Lack of Compensable Loss

by Scott J. Hyman |

In Blahous v. Sarrell Reg'l Dental Ctr. for Pub. Health, Inc., No. 2:19-cv-798-RAH-SMD, 2020 U.S. Dist. LEXIS 125394 (M.D. Ala. July 16, 2020), Judge Huffaker dismissed a data breach case due to absence of compensable loss. The facts were as follows: For many, the phrase "data breach" provokes dread and invokes disquiet. Suddenly, a person's once private information roams untrammeled,… Read More

District Court (Cal.) Says Data Breach Victim Did Not Plead Enough

by Scott J. Hyman |

In Holly v. Alta Newport Hosp., Inc., No. 2:19-cv-07496-ODW (MRWx), 2020 U.S. Dist. LEXIS 64104, at *1-3 (C.D. Cal. Apr. 10, 2020), Judge Wright held that a data breach victim, on behalf of a putative class, did not plead enough.    The facts were as follows: On October [*2]  18, 2019, Plaintiff Sallie Holly filed her First Amended Complaint ("FAC"). (FAC,… Read More

District Court (Fla.) Says Data Breach Victims Meet Spokeo Art. III Standards

by Scott J. Hyman |

In re Brinker Data Incident Litig., No. 3:18-cv-686-J-32MCR, 2019 U.S. Dist. LEXIS 128573 (M.D. Fla. Aug. 1, 2019), Judge Corrigan allowed a data-breach class action to proceed.  Hackers accessed Brinker's data network and installed malware on point-of-sale ("POS") systems at many Chili's restaurants, which Brinker owns, develops, operates, and franchises.  Brinker publicly announced the breach on May 12, 2018, stating: ”On May… Read More