Home Depot Appeal To Test Banks' Data Breach Footing

By Allison Grande (July 7, 2016, 9:58 PM EDT) -- Home Depot on Tuesday took the somewhat unusual step of seeking permission to bring to the Eleventh Circuit several questions of law raised by a judge's refusal to toss data breach claims asserted by financial institutions, including whether the banks have standing to sue at all, a request that if granted will determine whether banks will continue to enjoy stronger footing than consumers in these disputes.

The retailer asked U.S. District Judge Thomas W. Thrash Jr. of the Northern District of Georgia to certify for interlocutory appeal his May order preserving the overwhelming majority of claims brought by a proposed class...

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