Analysis

8th Circ. Sets Standing Marker With Data Breach Rulings

Law360, New York (September 13, 2017, 9:13 PM EDT) -- The Eighth Circuit recently added to the increasingly fractured standing landscape that has emerged post-Spokeo by issuing a pair of decisions in putative data breach class actions that attorneys say demonstrate the court’s skepticism toward harm that has yet to materialize and the challenges that plaintiffs are likely to face if they get past standing.

In the span of less than two weeks late last month, a separate pair of Eighth Circuit panels weighed in on lower courts' decision to nix on standing grounds consumer suits brought in the wake of data breaches at Scottrade and SuperValu — and reached somewhat...

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