In Lone Star Nat’l Bank, N.A., et al. v. Heartland Payment Sys., Inc., No. 12-20648 (5th Cir. Sept. 3, 2013) (hereinafter “Heartland”), arising from the now-infamous 2008 data breach, the Fifth Circuit recently reversed a motion to dismiss, finding that the economic loss doctrine did not apply and that various credit card issuers could state […]
Litigation
Illinois District Court Dismisses Data Breach Claims for Lack of Standing
In In re Barnes & Noble Pin Pad Litigation, No. 1:12-cv-08617 (N.D. Ill. Sept. 3, 2013), the United States District Court for the Northern District of Illinois dismissed a putative class action against defendant retailer Barnes & Noble because the named plaintiffs could not establish injury in fact stemming from the alleged security breach, and […]