Data Breach Plaintiffs Continue To Face Challenges

Law360, New York (July 22, 2013, 12:46 PM EDT) -- On July 11, 2013, the U.S. District Court for the Central District of California granted a motion for judgment on the pleadings with respect to the majority of claims brought against Blizzard Entertainment Inc. in the wake of a data breach suffered by Blizzard in 2012. U.S. District Judge Beverly Reid O’Connell dismissed the plaintiffs’ class action claims for unjust enrichment, negligence, breach of contract and bailment, permitting only the Delaware consumer protection counts to proceed. The Blizzard decision highlights the difficulties faced by plaintiffs asserting class claims in the wake of a data breach.

Plaintiffs alleged that in 2008, in...

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