Bank Fights Inclusion in TJX Action

Law360, New York (November 2, 2007, 12:00 AM EDT) -- Facing an amended complaint in litigation over retailer TJX Cos. Inc.'s security breach, which resulted in what has been called the largest theft of credit card numbers in U.S. history, Fifth Third Bancorp denied allegations that it, too, is liable for the breach.

Fifth Third filed its answer to the amended complaint and a supplemental post-hearing memorandum opposing certification Thursday in the U.S. District Court for the District of Massachusetts. In the answer, Fifth Third advanced new arguments against the proposed class's certification.

The company sought...
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