W.Va. Case May Be A Setback For Data Breach Jurisprudence

Law360, New York (June 9, 2014, 10:16 AM EDT) -- A recent decision by the West Virginia Supreme Court of Appeals may represent a breakthrough for plaintiffs counsel, and a setback for data security breach jurisprudence. The court ruled that an invasion of privacy class action should be certified for litigation, relying, in part, on the complete lack of any individual injury to be adjudicated. In so doing, the court may have opened a Pandora’s box of post-breach class actions seeking nominal damages. While the decision is binding precedent only in West Virginia, its effect may well be felt in disputes across the nation. This decision underscores the need for extreme...

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