TBA Law Blog

Posted by: Stacey Shrader Joslin on Feb 17, 2014

With the onslaught of litigation resulting from Target’s data privacy breaches, there is an increased focus on the appropriateness of class action certification, Lexology reports. Courts must sort out which groups to include, making tough calls to include or exclude those who have the potential of suffering an injury, but have not, as of the date of the filing. In the Target breach, for example, decisions will have to be made whether to include cardholders whose information was stolen, but not used as of the date of the case, and those whose information was stolen and used, but were reimbursed for any losses. The blog suggests that the U.S. Supreme Court may provide guidance soon on these issues. In an unrelated case from the Sixth Circuit Court of Appeals, the court is considering whether individuals who have suffered no injury as of the date of filing can be included in a class alleging their washing machines caused mold and mildew.