Another Way To Challenge Standing In Data Breach Cases
Law360, New York (April 24, 2017, 6:30 PM EDT) -- A common tactic in defending federal consumer data breach litigation is challenging the plaintiff's standing on a motion to dismiss. Specifically, defendants contest whether the plaintiff suffered an actual or imminent injury from the breach sufficient to create a "case or controversy" under Article III of the U.S. Constitution. Most such challenges are "facial" — that is, defendants argue that the complaint fails to plausibly plead an actual or imminent injury. These facial challenges are frequently successful. They are not, however, a defendant's only option for seeking dismissal on standing grounds. A recently decided district court case, Foster v. Essex Property...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!