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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