Obstacles To Defining Injury, Class In Cyberattack Suits

Law360 (June 9, 2021, 2:06 PM EDT) -- Courts' decisions on whether a particular class of plaintiffs should be certified often turn on a combination of factors, including the reliability of proposed economic models, the nature of offered representative evidence, and the prevalence of uninjured members.

The issue of uninjured class members — and in particular, the question of whether the need to quantify and identify those class members predominates — has grown increasingly central to the class certification inquiry.

While this question is pertinent across different types of class action claims, the relevant economic analysis of it is potentially most novel in the area of data privacy litigation....

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