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Seventh Circuit Denies En Banc Review For Data Breach Class Action, Privacy & Information Security Law Blog posted by Hunton and Williams


Plaintiffs, Neiman Marcus cardholders, brought a class action against the store for damages caused by a 2013 data breach. Hackers accessed customers’ credit and debit cards, as well as other personal information. The Northern District of Illinois, Eastern Division, ruled that the individual Plaintiffs and the class action against Neiman Marcus lacked standing under Article III of the Constitution.

Plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. The link takes you to the Seventh Circuit’s opinion explaining how Plaintiffs prevailed and why it reversed and remanded the case. Neiman Marcus filed for rehearing. The Seventh Circuit followed its usual habit, and denied it.

The Seventh Circuit’s analysis of its reasons ruling that Plaintiffs had met the three requirements for Article III standing is well worth the read. An added bonus is the link to the 2014 edition of The Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, -CCE