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Expert Analysis

4 Important Class Cert. Issues From 2 Data Breach Cases

By David Topol and Pamela Signorello ( November 4, 2021, 12:09 PM EDT) -- Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance,[1] plaintiffs next bear the high burden of achieving class certification, which requires proof by a preponderance of evidence that questions of law or fact common to class members predominate over any questions affecting only individual members. ...

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