Privacy Law Blog

Tag Archives: lawsuit

Proskauer Litigation Team Helps Secure Dismissal of Speculative Identity Exposure Claims Against BNY Mellon

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. … Continue Reading

No Harm, No Lawsuit: Seventh Circuit Refuses Data Breach Lawsuit Where Credit Monitoring Costs Are the Only “Damages” Sought

Where the only “damages” alleged following a data security breach are the costs of credit monitoring, a plaintiff has no case, so ruled the Seventh Circuit on August 23, 2007. The decision dealt another blow to so-called “identity exposure” plaintiffs seeking to recover damages stemming from the unauthorized disclosure of their personal information, as the Seventh … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK