Ninth Circuit Reverses Dismissal for Lack of Standing in Data Breach Case
March 15, 2018
Last week, the Ninth Circuit reversed a Nevada district court’s dismissal, for lack of Article III standing, of plaintiffs’ claims arising out of a data breach.
In so holding, the Ninth Circuit reaffirmed its position on one side of a circuit split on the issue of standing to bring suit based on a substantial risk of identity theft or fraud resulting from a data breach, even in the absence of allegations that the risk actually materialized, an issue that the Supreme Court recently declined to review.
Click here, to continue reading on the Cleary Cybersecurity and Privacy Watch blog.