7th Circuit sides with merchants in data breach case, liability

Lawyers' Forum

By Ehren M. Fournier

Ehren M. Fournier is an associate litigation attorney with Schoenberg, Finkel, Newman & Rosenberg LLC. He can be reached at ehren.fournier@sfnr.com and (312) 648-2300.

Posted May 30, 2018 12:42 PM

The number of cases involving consumer data breaches is rapidly growing. Data breaches inflict additional costs on financial institutions, leading those institutions to turn to litigation to recoup their losses from merchants.In the recent case of Community Bank of Trenton v. Schnuck Markets, No. 17-2146, 2018 WL 1737126 (7th Cir., April 11), the 7th U.S. Circuit Court of Appeals dealt a significant blow to attempts by financial institutions to bring negligence claims against merchants for failing to adequately safeguard …

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