· 5/9/2024
CST Permian, Inc. v. SW Fluids, LLC
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that actual identity fraud following the theft of laptops containing plaintiffs’ personal information was fairly traceable to defendant’s failures
- holding that in considering a motion to dismiss, the Court construes the allegations in a light most favorable to the plaintiffs
- holding that “to prove that a data breach, caused identity theft, the pleadings must include allegations of a nexus between the two instances beyond allegations of time and sequence”
- explaining that, under notice pleading standards, plaintiffs need not allege that they experienced \unreimbursed losses\ as a result of payment card fraud
- finding that plaintiffs who suffered “actual” identity theft had standing but noting that “speculative” identity theft may not be sufficient to confer standing
- finding that Plaintiffs had alleged facts sufficient to state claims for negligence, breach of fiduciary duty, breach of contract, and breach of implied contract
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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