Jason Hirsh Discusses Article III Standing in Corporate Counsel
August 5, 2015
In the article, “Seventh Circuit Makes It Easier to Win Data Breach Suits,” published by Corporate Counsel, Litigation Partner Jason Hirsh discusses the impact of Remijas v. Neiman Marcus Group, which addressed Article III standing in data breach lawsuits. Article III standing is a constitutionally imposed limitation on the jurisdiction of federal courts, ensuring that only actual cases or controversies are considered. After an alleged cyber attack on the department store company Neiman Marcus, the district court ruled that plaintiffs lacked standing based on their fear of a future injury, such as identity theft. The U.S. Court of Appeals for the Seventh Circuit rejected this and reversed. The appellate court held that the risk of future injury was obvious and sufficient to confer standing. As a result, it is now significantly easier to establish standing in data breach lawsuits.
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