Difficult Path To Certification Of Data Breach Classes

Law360, New York (March 29, 2013, 11:57 AM EDT) -- On March 20, 2013, the United States District Court for the District of Maine denied a motion brought by plaintiffs in In re Hannaford Brothers Company Data Security Breach Litigation that would have allowed the suit to proceed as a class action. The decision, which concluded that plaintiffs had failed to meet the predominance requirement of Federal Rule of Civil Procedure 23(b)(3), demonstrates the difficulty of certifying a class in the data breach context, where claims often turn on individual issues of causation and damages. Perhaps...
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