Data Breach Class Actions

Another Punt: The Supreme Court Denies Certiorari in the <i>Zappos</i> CaseWe wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the certiorari petition on March 25.

Combined with the Supreme Court’s remand in Frank v. Gaos, those wishing

Frank v. Gaos: Remand, but Little Guidance.Today, the Supreme Court sent Frank v. Gaos back to the Ninth Circuit to address the issue of standing under Spokeo.

Frank involved allegations of privacy violations. Plaintiffs brought class action claims against Google for alleged violations of the Stored Communications Act. The complaints alleged that when an Internet user conducted a Google search

Injury-in-Fact vs. Actual Damages –– Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not InjuryFollowing the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants began to assert lack of standing as a defense in data breach class actions in federal court. Data breach cases