Federal Judge Dismiss Data Breach Case

[Henry Brown <hbrown () knology net>]

Breach occured in May 2009 according to the original compliant ( 
http://www.infolawgroup.com/uploads/file/Allison%20v_%20Aetna%20%28Compliant%202009%29.pdf 
)

 From Infolaw group http://bit.ly/9NWytT

Federal Judge Dismiss Aetna Data Breach Case Due to Lack of "Injury-in-fact"


A Federal judge in the U.S. District Court for the Eastern District of 
Pennsylvania dismissed a class action lawsuit arising out of a data 
security breach involving Aetna, Inc.  The basis of the dismissal was 
the plaintiff's lack of standing due to its failure to allege an "injury 
in fact"  (the dismissal was under section 12(b)(1) of the Federal Rules 
of Civil Procedure).  In particular the court held that the plaintiff's 
alleged injury in the form of an increased risk of identity theft is far 
too speculative based on the factual allegations.

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