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· 12/12/2011

Reilly Ex Rel. Pluemacher v. Ceridian Corp.

Citations

  • 664 F.3d 38
  • 2011 U.S. App. LEXIS 24561
  • 2011 WL 6144191

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff suffered no actionable injury-in-fact where the plaintiffs PII was accessed but had not yet been used for any fraudulent or unlawful activity
  • concluding that “[i]n data breach cases where no misuse is alleged . . . there has been no injury”
  • holding that an increased risk of identity theft is not an injury because there was no evidence that the data has been, or ever will be, misused
  • holding that plaintiff’s allegations of an increased risk of identity theft as a result of a security breach were merely hypothetical, future injuries and, therefore, failed to establish standing
  • holding that even where names, social security numbers, birth dates, and bank accounts may have been exposed to a hacker, there was no injury-in-fact because “no identifiable taking occurred; all that is known is that a firewall was penetrated”
  • concluding data breach victims’ “allegations of hypothetical, future injury do not establish standing under Article III”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Greenaway, Jr. and Aldisert, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.