Gerald L. Maatman, Jr., Alex W. Karasik, and George J. Schaller of Duane Morris write:
In Steinmetz et al. v. Brinker International, Inc., No. 21-13146, 2023 U.S. App. LEXIS 17539 (11th Cir. July 11, 2023), the Eleventh Circuit vacated the district court’s order certifying a nationwide class and California-only class in a data breach case. In so doing, it remanded the case with instructions to the district court to define the phrase “who had their data accessed by cybercriminals” and to analyze the viability of the California class.
For employers facing data breach claims in class actions, this decision is instructive in terms of what reviewing courts consider in certifying a class, especially when class definition terms or phrases are broad.
Read more about the case and takeaways at the firm’s Class Action Defense blog.