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Court of Appeals 2 articles

Data breach class action against Neiman Marcus revived by the 7th Circuit

Despite a previous 2013 Supreme Court ruling stating that plaintiffs must be at imminent risk of suffering a concrete injury to sue in federal court, data breach class action plaintiffs received new hope thanks to the 7th U.S. Circuit Court of Appeals. This week, the 7th Circuit panel took the liberty of reinstating a data breach class action against retailer Neiman Marcus by stating that the theft of customer financial records was enough to permit federal trial. Before the 7th Circuit’s ruling, data breach class action plaintiffs faced a seemingly unconquerable hill due to a past Supreme Court ruling in ... Read More

BP, Anadarko ask appeals court to reconsider Clean Water Act liability issues

BP and its Deepwater Horizon partner Anadarko Petroleum Corp. asked the U.S. Fifth Circuit Court of Appeals last week for another chance to demonstrate they should not be penalized for Clean Water Act violations as a result of the 2010 Gulf oil spill. According to Law360, the oil companies filed separate petitions for another hearing, claiming as they did the first time the issue was argued in court that the blowout preventer controlled by Transocean should have stopped the oil from escaping, as it was designed to do. However, last month the Fifth Court upheld a lower court ruling rejecting ... Read More