Wendy's Should Face Data Breach Suit, Magistrate Says
Law360, San Francisco (February 13, 2017, 8:44 PM EST) -- A federal magistrate judge recommended on Monday that the district court reject Wendy's bid to dismiss a class action brought by 26 financial institutions against the fast-food giant for allegedly failing to thwart a data breach, saying the plaintiffs have adequately pled negligence and deceptive trade practices claims.
U.S. Magistrate Judge Maureen P. Kelly found that, at an early stage of litigation, the financial institutions have advanced plausible negligence claims, and the court should not foreclose the possibility of injunctive and declaratory relief.
“Although the court is cognizant of the various concerns about choice of law, third-party criminal acts and public...
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