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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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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Pennsylvania Western

Nature of Suit

Contract: Other


Subscribers Only

Date Filed

April 25, 2016

Law Firms


Government Agencies