By David Topol and Pamela Signorello (November 4, 2021, 12:09 PM EDT) — Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance, plaintiffs next bear the high burden of achieving class certification, which requires proof by a preponderance of evidence that questions of law or fact common to class members predominate over any questions affecting only individual members.
Predominance problems loom large for plaintiffs at class certification, particularly with respect to damages and causation.
In recent years, litigation over data breach incidents has increased substantially. Although most cases have either been dismissed or settled before…
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