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Data-Breach The U.S. Court of Appeals for the Seventh Circuit recently issued an important ruling regarding standing in data breach cases that could potentially have a dramatic impact on whether these cases survive motions to dismiss for lack of standing. Specifically, the ruling could make it easier for data breach class action plaintiffs to establish standing without showing actual identity theft or other misuse of their personal information.

On July 20, in Remijas v. Neiman Marcus Group, LLC (Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814 (7th Cir. July 20, 2015)), the Seventh Circuit reversed the district court’s dismissal of the plaintiffs’ putative class action complaint, holding that plaintiffs had, in fact, sufficiently established standing under Article III. The Seventh Circuit is the first federal appellate court to address the holding of the U.S. Supreme Court in Clapper v. Amnesty Int’l USA that the alleged injury must be “certainly impending” to be sufficiently concrete and imminent to establish Article III standing.

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