Plaintiffs Voluntarily Dismiss Data Breach Action Against Macmillan
Plaintiffs in a data breach lawsuit against Macmillan voluntarily dismissed their action without prejudice, said a Thursday notice (docket 1:23-cv-01217) in U.S. District Court for Southern New York in Manhattan. Plaintiffs Victoria Batchelor, Diana Griffin and Jaime Ariza alleged harms…
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resulting from a June 2022 data breach. Macmillan sought to dismiss the suit for lack of standing under Rule 12(b)(1) (see 2305190027). No facts in the second amended complaint suggested the plaintiffs “suffered any actual resulting injury, and the allegations of increased risk of identity theft are insufficient,” Macmillan said in May. To the extent that the plaintiffs alleged their damages included time spent reviewing account statements and credit reports for indications of identity theft, “such mitigation efforts are insufficient to establish an injury for standing,” it said.