Tag Archives: ICFA

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

By Judy Selby on September 6, 2013 Posted in Class Actions Privacy, Data Breach

Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN). In re Barnes & Noble Pin Pad Litigation, Case # 12-cv-8617 (N.D.Ill. Sept. 3, 2013) The plaintiffs filed suit against BN following its disclosure that “skimmers” potentially stole … Continue Reading

Individualized Causation and Reliance Defenses Render Class Representative Inadequate in the Northern District of Illinois

By Raj Chohan on February 25, 2013 Posted in Adequacy of Representation, Consumer Fraud, Injunctions, Predominance, Rule 23 Requirements, Rule 23(b)(2) Class Actions

Class action defense practitioners routinely face uphill battles on the issue of individualized defenses for class members. However, these arguments should not be overlooked as tools to defeat class certification. Lipton v. Chattem, Inc., No. 11 C 2952, 2013 WL 489147 (N.D. Il. Feb. 8, 2013), a recent case out of the Northern District of … Continue Reading