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Archives for July 2018

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing to Sue Post-Data Breach, But What Does it Mean For Certification?

by Carlton Fields

The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. Plaintiffs must do more. But how much more? The Fourth Circuit’s latest holding clarifies that plaintiffs who allege that credit cards have been fraudulently applied for – and in some cases issued – using their nonpublic personal information satisfy Article III’s requirements. Optometrists ... Keep Reading »

Are Administrative Fees and Costs a Benefit to the Class as a Whole? A Circuit Split Continues

by Joseph H. Lang, Jr.

In 2017, the Eighth Circuit reversed the certification of a settlement class in the Target 2013 security breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 847 F.3d 608, 613 (8th Cir. 2017). The court remanded the case to the district court to conduct a proper class certification analysis. On remand, the district court again certified the settlement class. A second appeal was taken by two objectors and, this time, the Eighth Circuit affirmed the ... Keep Reading »

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