Bradley attorney Mike Pennington was quoted in Law360 on a decision that directed a lower court to reassess a $10 million class action settlement that allowed Target to escape a broad range of data breach claims, including those raised by consumers who couldn't prove they had been harmed. The ruling is likely to make litigants and courts alike focus even more sharply on the role of standing in class action pacts. This most recent Target decision demonstrates the importance of considering the injury profiles of all members of a proposed settlement class and being aware of the possibility that failing to do so could hold up the process down the road, attorneys noted.
"Specific analyses and findings regarding the merits of any objections are an essential part of the rigorous analysis that trial courts are expected to give class settlements before approving them," Pennington said, adding that "neither the courts nor the parties should take objectors too lightly."
The complete article, “Target Data Breach Deal’s Hiccup Pouts Focus On Standing,” appeared in Law360 on February 2, 2017. (login required)