Supreme Court Rejection of CareFirst Review Prolongs Data Breach Standing Circuit SplitFebruary 22, 2018
On Feb. 21, the U.S. Supreme Court declined to grant certiorari in CareFirst, Inc. v. Attias, No. 17-641, in which the U.S. Court of Appeals for the District of Columbia Circuit held that data breach victims could—at the pleading stage—establish standing to sue under Article III of the U.S. Constitution based solely on the risk of future identity theft. Last month, the Court denied review in a similar data security case from the Ninth Circuit, Robins v. Spokeo, Inc., 867 F.3d 1108 (9th Cir. 2017), which found that, as a matter of pleading, the “concrete injury”requirement for standing could potentially be satisfied based on a future injury related to false background information published by a website.
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