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Courts Still Willing to Dismiss Data Breach Lawsuits for Lack of Standing

Courts Still Willing to Dismiss Data Breach Lawsuits for Lack of Standing

CommentariesAndAnalysesArticleIIILitigationStanding

Raika Casey and Alexis Opper of BakerHostetler report that in data breach disputes, courts generally find that plaintiffs have standing, allowing their complaints to pass the motion to dismiss stage when it is alleged that sensitive information has been compromised and there is an allegation of exposure on the dark web, misuse, or fraud. However, some courts have recently shown a willingness to dismiss these lawsuits for lack of standing.