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SCDOR wins one in court

Posted on March 1, 2013 by Dissent

More good news for the state of South Carolina: a judge has dismissed a lawsuit against them filed by former state Sen. John Hawkins over their massive hack in 2011.  Although the ruling is not yet available online, Meg Kinnard of Associated Press reports:

In an order obtained by The Associated Press, Circuit Judge G. Thomas Cooper Jr. said the lawsuit had failed to prove that Gov. Nikki Haley and other government officials had harmed the public by conspiring to keep news of the hacking secret. The order also said the lawsuit couldn’t show that anyone had been harmed because of the breach.

“There is no injury that the Court can currently remedy, as no actual harm has been alleged,” Cooper wrote.

 The media coverage does not indicate the fate of the complaint against TrustWave, but in a tweet responding to that question, Meg Kinnard indicated that claims against TrustWave were also dismissed.
Of course, I don’t expect this to be the end of litigation. As some people come forward to claim they became victims of fraud or identity theft, I expect to see other litigation against the state where they may be able to survive a challenge on standing.

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