SuperValu Shoppers Didn't Prove Breach Injury, 8th Circ. Says

By Sophia Morris (August 30, 2017, 5:42 PM EDT) -- The Eighth Circuit on Wednesday said the threat of future identity theft from a breach of credit card data was not enough of an injury to give standing to consumers in multidistrict litigation against SuperValu, with the panel only reviving the claims of the one plaintiff who experienced credit card fraud.

A three-judge panel said a Minnesota federal judge was wrong to dismiss the entire consolidated action against the grocery chain over a pair of 2014 data breaches when one of the 16 named plaintiffs, David Holmes, had actually suffered an injury that gave him standing. Although the lower court had...

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