Two cases decided within the space of just a few weeks by the U.S. Court of Appeals for the Eighth Circuit and the District of Columbia Circuit show the difficulty courts have in evaluating whether plaintiffs in data breach class actions have standing to pursue their claims. These cases deepen what some consider an “existing circuit split regarding whether an increased risk of identity theft is an Article III injury.” Galaria v. Nationwide Mut. Ins. Co., 663 F. App’x 384 (6th Cir.2016).
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