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SuperValu supermarket.

A federal appeals court has affirmed dismissal of a data breach class action against SuperValu Inc. after finding that the plaintiff did not suffer harm even though he incurred a fraudulent charge to his credit card.

In a decision Friday, the U.S. Court of Appeals for the Eight Circuit found that David Holmes, who used his credit card at a store in Belleville, Illinois, had not alleged harm sufficient to sue — even after the appeals court found he had standing in an earlier decision. Standing is a key hurdle for consumers suing over an increasing number of data breaches, often tied to whether they suffered injuries, although some courts have begun to consider identity theft and other harms in allowing cases to go forward at the dismissal stage.

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Amanda Bronstad

Amanda Bronstad is the ALM staff reporter covering class actions and mass torts nationwide. She writes the email dispatch Critical Mass. She is based in Los Angeles.

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