Fourth Circuit Expands Federal Court Split on Standing in Data Breach Lawsuits

zucker_tFeatured Expert Contributor—Civil Justice/Class Actions

Talia M. Zucker, a Partner with Shook, Hardy & Bacon L.L.P. in its Miami, FL office, with Rachel Forman, an Associate with the firm.

Ed. Note: Ms. Zucker is pinch hitting in this Featured Expert Contributor column for our regular blogger, her partner Frank Cruz-Alvarez.

The U.S. Court of Appeals for the Fourth Circuit, in the consolidated appeal of Hutton v. National Board of Examiners in Optometry, No. 17-1506 (4th Cir. June 12, 2018), recently issued another opinion on Article III standing in a data breach case.  This time, however, the court found that the putative class members had Article III standing unlike the plaintiffs in Beck v. McDonald, 848 F.3d 262 (4th Cir. 2017), a case previously discussed in this column here.  In Hutton, the Fourth Circuit vacated and remanded the district court’s dismissal of the plaintiffs’ complaints against the National Board of Examiners in Optometry (“NBEO”) for lack of subject-matter jurisdiction and held that the plaintiffs sufficiently alleged the necessary injury in fact for Article III standing and that the injuries suffered were fairly traceable to the NBEO’s conduct.  Continue reading “Fourth Circuit Expands Federal Court Split on Standing in Data Breach Lawsuits”