Wash. Decision Illustrates Challenges For Breach Plaintiffs

Law360, New York (April 13, 2015, 10:57 AM EDT) -- Much of the recent commentary on data breach litigation focuses, understandably, on plaintiffs’ difficulty establishing that consumers were injured by the defendant’s data security practices. Indeed, data breach lawsuits are so frequently dismissed for lack of harm that courts often have no occasion to consider any other issue. A recent federal court decision, however, serves as a reminder that data breach plaintiffs also face other, very real challenges over and above the initial injury hurdle.

On March 27, in Lovell v. P.F. Chang’s China Bistro Inc., the U.S. District Court for the Western District of Washington dismissed a host of claims...

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