Class Cert. Is Next Frontier Of Data Breach Litigation

Law360 (February 15, 2019, 11:09 AM EST) -- Article III standing has overshadowed the proliferation of data breach cases in the past several years. No doubt, establishing standing is a challenge for many data breach plaintiffs and much has been written about how various circuits address the standing threshold.

Less explored are the obstacles a plaintiff must overcome to win class certification if the plaintiff can survive a motion to dismiss based on standing. Few data breach cases have attained class action status. One of those scarce cases, Smith v. Triad of Alabama LLC,[1] the first consumer data breach case to receive class certification, offers insight into what potential...

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