Posts in Motion to Dismiss

California, class action, injury-in-fact, motion to dismiss, Shine the Light, State case law

First Reported Shine the Light Suit Dismissed for Failure to State Cognizable Injury

By InfoLawGroup LLP on June 19, 2012

Last week, a plaintiff's putative class action alleging a violation of California's Shine the Light law, Cal. Civ. Code § 1798.83, was dismissed without prejudice. See Boorstein v. Men's Journal LLC, No. 12-cv-00771-DSF-E, 2012 WL 2152815 (C.D. Cal. June 14, 2012). The suit, one of several other similar pending suits, is the first reported decision applying the Shine the Light Law.

damages, data breach, Hannaford, motion to dismiss Hannaford data breach payment card PCI DSS, payment card, PCI DSS

Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute "Damages" in Hannaford Breach Case

By InfoLawGroup LLP on October 24, 2011

In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of Appeals 1st Circuit (the "Court of Appeals") held that payment card replacement fees and identity theft insurance/credit monitoring costs are adequately alleged as mitigation damages for purposes of negligence and an implied breach of contract claim. The decision in Hannaford could be a game changer in terms of the legal risk environment related to personal data breaches, and especially payment card breaches where fraud has been perpetrated. In this post, we summarize the key issues and holdings of the Court of Appeals.