Home Personal Injuries Breach Victim Facing ‘Imminent’ Harm Can Sue, 3rd Circ. Says

Breach Victim Facing ‘Imminent’ Harm Can Sue, 3rd Circ. Says

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By Dorothy Atkins (September 2, 2022, 9:27 PM EDT) — The Third Circuit on Friday revived a former ExecuPharm Inc. employee’s proposed class action alleging that the pharmaceutical research company’s negligence led to a data breach that leaked her private information on the dark web, finding that the employee’s “imminent” risk of identity theft gives her standing to sue.

In a precedential opinion, a unanimous three-judge panel concluded that Jennifer Clemens’ emotional distress and the money she spent on credit monitoring services to prevent identity theft following ExecuPharm’s data breach in which hackers posted her information on the dark web are enough to establish a concrete injury for Article III standing…

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