In re SuperValu, Inc., Customer Data Security Breach Litigation: Along with co-counsel, Robins Kaplan LLP represented SuperValu Inc. in a consolidated putative class action relating to data hacking incidents in June and July 2014, and September 2014, that potentially compromised customer data collected in credit card transactions at many of SuperValu’s retail locations operating under the brand names Cub Foods, Farm Fresh, Hornbacher’s, Shop ‘n Save, and Shoppers Food & Pharmacy. The complaint alleged claims for negligence, negligence per se, breach of implied contract, unjust enrichment, and violations of various state consumer protection and data breach notification laws. In January 2016, on SuperValu’s motion to dismiss, the district court concluded that the Plaintiffs could not show that harm had resulted or would likely result from the data breach. It found that allegations of increased risk of future harm, risk mitigation costs, alleged diminished value of personal information, among others, were all insufficiently concrete, particularized, and actual or imminent to establish standing under Article III. The court dismissed the action without leave to amend.
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