Class Cert. Is Next Frontier Of Data Breach Litigation
By Nicole Rekant and Stevan Pardo (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, the first consumer data breach case to receive class certification, offers insight into what potential...
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