Case Updates
D.C. Circuit upholds standing of data breach lawsuit
August 01, 2017
The D.C. Circuit reversed the lower court’s decision and held that plaintiffs satisfied the concrete-injury requirement.
U.S. Chamber urges D.C. Circuit to affirm dismissal of data breach lawsuit
February 15, 2017
The U.S. Chamber filed an amicus brief urging the D.C. Circuit to affirm a district court’s decision dismissing a data breach lawsuit for lack of standing.
The Chamber’s brief argues that the Supreme Court’s decisions in Spokeo v. Robins(2016) and Clapper v. Amnesty International USA(2013) make clear that a no-injury lawsuit based at most on anxiety about speculative future harm cannot satisfy Article III. The brief also explains how no-injury lawsuits like this one impose unjustified costs on businesses.
Andrew J. Pincus, Archis A. Parasharami, Stephen C.N. Lilley, and Daniel E. Jones of Mayer Brown LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Opinion -- Attias v. CareFirst, Inc. (USDC - District of Columbia).pdf
- Appellant Brief -- Attias v. CareFirst, Inc. (D.C. Circuit).pdf
- EPIC Amicus Brief -- Attias v. CareFirst, Inc. (D.C. Circuit).pdf
- National Consumers League Amicus Brief -- Attias v. CareFirst, Inc. (D.C. Circuit).pdf
- U.S. Chamber Amicus Brief -- Attias v. CareFirst, Inc. (D.C. Circuit).pdf
- Reply Brief of Appellants -- Attias v. Carefirst, Inc. (D.C. Circuit).pdf
- Opinion -- Attias v. Carefirst, Inc. (D.C. Circuit).pdf