Neiman Marcus Trashes 7th Circ. Ruling, Asks For Rehearing

Law360, New York (August 4, 2015, 8:10 PM EDT) -- Neiman Marcus asked the Seventh Circuit to rehear en banc a panel's ruling giving plaintiffs standing to sue over a payment card data breach, saying the panel's “loose thinking” set an erroneous precedent that could have long term effects on data breach law.

The retailer said the appellate panel's ruling contradicted Supreme Court precedent and “enhanced the complaint with speculation,” allowing plaintiffs to sue over injuries such as identity theft or credit card fraud that have neither happened nor are imminent. The ruling “threatens to erode...
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