Where the only harm alleged is mere “speculation as to a possible risk of injury,” a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision issued on August 31, 2009. McLoughlin v. People’s United Bank, Inc., and Bank of New York Mellon, Inc., No. 3:08-cv-00944-VLB (D. Conn. Aug. 31, 2009), thus follows a long and growing line of cases which simply hold that where there is no actual harm, there can be no case.
increased risk
California District Court Closes the Gap Left by Ruiz
By Proskauer Rose on
On Monday, the Northern District of California granted Gap, Inc.’s Motion for Summary Judgment in Ruiz v. Gap, Inc., et al., Case No. 07-5739 SC, holding that Ruiz’s allegations of an increased risk of identity theft “do[] not rise to the level of appreciable harm necessary to assert a negligence claim under California law.”
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