Yes, But Were You Hurt? Another Data Breach Case Dismissed for Lack of Damages
By: Bradley Arant Boult
Published: August 27, 2019
* While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs
* Focusing on damages, both at the pleading stage, through discovery and in motion practice, can pay decided dividends, particularly in cases where damages are frequently evanescent for many in the putative class (e.g., consumer data breach and statutory violation claims), and in cases where damages are likely to be highly variable.