DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Bank of New York Mellon granted summary judgment in lost backup tapes lawsuit

Posted on July 1, 2010 by Dissent

Brandon Tavelli writes:

On June 25, 2010, Judge Richard Berman of the U.S. District Court of the Southern District of New York granted summary judgment to The Bank of New York Mellon Corp. in Hammond v. The Bank of New York Mellon Corp., dismissing in its entirety a putative class action lawsuit arising from the loss of backup tapes containing personal information in the spring of 2008. In coming to his decision, Judge Berman rejected the plaintiffs’ arguments that they had standing to pursue their claims for negligence, negligence per se, breach of implied contract, breach of fiduciary duty as well as for violations of certain state consumer protection laws. He held that “Plaintiffs lack standing because their claims are future-oriented, hypothetical and conjectural.” The court also held that even assuming, arguendo, that plaintiffs could be said to have standing to pursue such claims, each of their claims would fail because the plaintiffs failed to show that they suffered any actual harm as a result of the tape loss incident.

Read more on Proskauer Rose.

Category: Breach IncidentsFinancial SectorLost or MissingOf NoteSubcontractorU.S.

Post navigation

← UK: Council will not face censure for Data Protection error
And so it starts: Blumenthal Investigating Wellpoint Security Breach →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Co-op hackers boast of ‘stealing 20 million customers’ data’ – as retailer admits impacts of ‘significant’ attack
  • Qilin announces attack on Cobb County, Georgia
  • Saskatoon children’s hospital nurse unlawfully snooped on records of 314 patients: privacy report
  • Dating app Raw exposed users’ location data and personal information
  • Hacker hired Telangana man to courier threats to Star Health Insurance MD
  • Acadian Ambulance Seeks Dismissal of Data Breach Lawsuit
  • US indicts Black Kingdom ransomware admin for Microsoft Exchange attacks
  • “SCAM” is a four-letter word: BreachForums edition (1)
  • Ukrainian National Extradited from Spain to Face Conspiracy to Use Ransomware Charge
  • Gov’t orders SKT to notify individual users whose data may have been breached

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • The IRS Says Your Digital Life Is Not Your Property
  • Ninth Circuit Hands Users A Big Win: Californians Can Sue Out-of-State Corporations That Violate State Privacy Laws
  • In Mass., volunteers pack thousands of abortion pills destined for states with bans
  • A Letter to the Privacy Law Community from the Scholars and Teachers in Leadership
  • TikTok fined 530 million euros by EU regulator over data protection
  • Trump-Appointed Judge Rules Administration Can’t Remove Migrants Under 18th Century Wartime Law
  • US appeals court will not allow DOGE to access Social Security data

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.