Monday, June 9, 2008
Another “Victory” on the Issue of “Damages” in a Security Breach Negligence Case
As has been reported on this blog previously (here and here), many courts that have considered the issue of damages in a security breach scenario involving personal information have concluded that taking pre-emptive actions (such as purchasing credit monitoring services) do not amount to “damages” for purposes of a negligence claim. some chinks, however, have begun to develop in the “damages” armor used by defendants in security breach negligence cases. A recent decision sets forth another possible theory of liability to get a plaintiff at least beyond a motion to dismiss.
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