7th Circuit Weighs in on Crucial Standing Issue in Cyberattack Cases

7th Circuit Weighs in on Crucial Standing Issue in Cyberattack Cases

Today's discussion focuses on this week's Seventh Circuit decision in Remijas v. Neiman Marcus Grp., LLC, in which the court found standing for a putative class action following a cyberattack causing credit card information for 350,000 customers to be accessed.

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Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

Does § 1981 Provide a Private Right of Action Against State Actors? On First Impression, 7th Cir. Says No

This week's discussion looks to a case of first impression in the Seventh Circuit: Campbell v. Forest Pres. Dist. of Cook Cnty., Ill. The issue was whether the Civil Rights Act of 1991 amended 42 U.S.C. § 1981 to permit a private right of action against state actors, thereby permitting a four-year statute of limitations, or whether, as set forth in Jett v. Dallas Indep. Sch. Dist., § 1981 claims against state actors must arise under § 1983, thereby limited to the forum state's limitation for personal injury claims.

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Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

Seventh Circuit Examines Standing for Class Rep and Departs from 3rd 8th Circuits on FDCPA Interpretation

This second installment on the day addresses the Seventh Circuit decision in McMahon v. LVNV Funding, LLC, which held for the first time – in direct opposition to the Third and Eighth Circuits – that a letter attempting to collect a time-barred debt does not need to threaten litigation to be actionable under the Fair Debt Collection Practices Act (FDCPA). The case also examined the issue of when a named-plaintiff in a putative class action case has his individual claim rendered moot by offer of settlement.

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Indiana Court Provides Guidance on Breadth of Medical Malpractice Act

Indiana Court Provides Guidance on Breadth of Medical Malpractice Act

This week's discussion focuses on the question of what cases are governed by the Medical Malpractice Act. The answer is not always as easy as you might think and the Indiana Court of Appeals case B.R. v. State of Indiana provides a great example along with a discussion of how the line is drawn.

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