Recent Decision: D.C. Circuit Rules That OPM Breach Victims Have Standing to Sue

from Lawfare With data breach incidents on the rise, federal courts are grappling with the issue of standing in class action lawsuits arising from data breaches. As Lawfare has covered previously, there is arguably a circuit split over whether plaintiffs can establish an “injury in fact,” one of three constitutional standing requirements, on the grounds that a breach has put them at a heightened risk of identity theft. In a 2-1 decision this past summer titled In re: U.S. Office of Personnel Management Data Security Breach Litigation, the U.S. Court of Appeals for the D.C. Circuit weighed in on that […]

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In Religious Arbitration, Scripture Is the Rule of Law

from NYTs A few months before he took a toxic mix of drugs and died on a stranger’s couch, Nicklaus Ellison wrote a letter to his little sister. He asked for Jolly Ranchers, Starburst and Silly Bandz bracelets, some of the treats permitted at the substance abuse program he attended in Florida. Then, almost as an aside, Mr. Ellison wrote about how the Christian-run program that was supposed to cure his drug and alcohol problem had instead “de-gayed” him. “God makes all things new,” Mr. Ellison wrote in bright green ink. “The weirdest thing is how do I come out […]

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In Arbitration, a ‘Privatization of the Justice System’

from NYTs Deborah L. Pierce, an emergency room doctor in Philadelphia, was optimistic when she brought a sex discrimination claim against the medical group that had dismissed her. Respected by colleagues, she said she had a stack of glowing evaluations and evidence that the practice had a pattern of denying women partnerships. She began to worry, though, once she was blocked from court and forced into private arbitration. Presiding over the case was not a judge but a corporate lawyer, Vasilios J. Kalogredis, who also handled arbitrations. When Ms. Pierce showed up one day for a hearing, she said she […]

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Arbitration Everywhere, Stacking the Deck of Justice

from NYTs On Page 5 of a credit card contract used by American Express, beneath an explainer on interest rates and late fees, past the details about annual membership, is a clause that most customers probably miss. If cardholders have a problem with their account, American Express explains, the company “may elect to resolve any claim by individual arbitration.” Those nine words are at the center of a far-reaching power play orchestrated by American corporations, an investigation by The New York Times has found. By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies like […]

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