In the latest development in a long-running data breach lawsuit case, Ropes & Gray write: On March 20, 2013, the United States District Court for the District of Maine denied a motion brought by plaintiffs in In re Hannaford Brothers Company Data Security Breach Litigation that would have allowed the suit to proceed as a…
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In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.
I’ve been reading a number of analyses and commentaries on the First Circuit’s ruling in the Hannaford Bros data breach case. While some people have described the ruling as a “potential game-changer,” Venkat Balasubramani provides a less optimistic analysis of what the decision may portend. As a recap, most of the plaintiffs’ claims have been…
Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute “Damages” in Hannaford Breach Case
I posted something on this decision earlier today, but David Navetta has such a helpful analysis of the ruling that I wanted to mention it here. His commentary begins: In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court…
Appeals court decision in Hannaford data breach case could signal new approach
Judy Greenwald reports that at least one lawsuit against Hannford Bros following their 2007 breach is still alive: An appeals court’s decision to permit negligence and contract putative class action litigation to proceed in a grocery store chain data breach because of the alleged damages incurred could signal a change in courts’ approach to this…
Damages From Hannaford Bros. Data Breach Dominate 1st Circuit Debate
Sheri Qualters writes: A debate about the damages available to some to 4.2 million customers of the Hannaford Brothers Co. supermarket company whose financial information was compromised during a data breach dominated an oral argument at the 1st U.S. Circuit Court of Appeals. The Sept. 8 hearing in Anderson v. Hannaford Brothers Co. concerned the appeal of…
“Damages” Last Stand – Maine Supreme Court Puts an End to the Hannaford Bros. Breach Suit
Lawyer David Navetta comments on the decision: We have been following the twists and turns of the Hannaford Bros. security breach litigation from the beginning (see here, here,here, here and here). As of yesterday, it looks like the consumer plaintiffs’ case has suffered the “true death” (my friends and colleagues that watch HBO’s “True Blood” will know what I am…