2nd Circ. Won't Revive Michaels Data Breach Suit

Law360, New York (May 2, 2017, 10:09 PM EDT) -- The Second Circuit on Tuesday affirmed the toss of a putative data breach class action against Michaels Stores Inc., ruling that the credit card holder who brought the suit lacks standing to proceed with her claims because she hadn't incurred any actual charges on her card or any other concrete injuries.

In a summary order, the three-judge panel kept in place the lower court's dismissal of plaintiff Mary J. Whalen's claims for breach of implied contract and for violation of New York General Business Law stemming from a 2014 cyberattack that resulted in the theft of 2.6 million Michaels customers' credit...

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!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!