Post-Ramirez Courts Split Over Data Breach Standing Issues

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By Kenneth Chernof, Daniel Raymond and Matt Medina (May 12, 2022, 5:53 PM EDT) — In the aftermath of the U.S. Supreme Court’s 2021 ruling in TransUnion LLC v. Ramirez,[1] lower courts and litigants continue to grapple with determining the ruling’s impact on standing in data breach class actions.

This uncertainty has produced inconsistent case law and left litigants on unfirm ground as they seek either to plead or to challenge Article III standing in data breach cases.

Two recent decisions from the U.S. District Court for the Southern District of New York, Bohnak v. Marsh & McLennan Companies Inc. and Cooper v. Bonobos Inc. ― issued just days apart ― illustrate two important questions litigants and…

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