Data breach class actions: M.D. Fla. threads the Rule 23 needle in certifying the first consumer payment card class action
By EsqSocial Corporation 26/05/21
Takeaway: Judge Timothy Corrigan of the Middle District of Florida recently found a way to certify a class action where consumers alleged the theft of payment card data, acknowledging he “may be the first to certify a Rule 23(b)(3) class” in such a case. In re Brinker Data Incident Litigation, No. 3:18-cv-686-TJC-MCR, 2021 WL 1405508, at *14 (M.D. Fla. Apr. 14, 2021). Treating the Rule 23 analysis as a type of preliminary review of the relevant legal and factual issues, the court minimized...
By: Kilpatrick Townsend & Stockton LLP