By Zachariah DeMeola, Guest Editor, BakerHostetler.
Link to original post: http://bit.ly/1pOpf9K
One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate against the potential misuse of stolen data, such as utilizing credit monitoring services, are sufficient to confer Article III standing. Since the U.S. Supreme Court issued its decision in Clapper v. Amnesty International USA, Continue reading “The Seventh Circuit Revisits Standing for Data Breach Class Actions”
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review
You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins to accrue can be vital to a plaintiff’s case. If a plaintiff’s timing is off, the claim may never reach adjudication on the merits. In an upcoming decision, Green v. Brennan, the Supreme Court will resolve a federal circuit split Continue reading “Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods”