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Maine Lawyers Debate Breach Damages

PRIVACY LAW—U.S.

September 14, 2011

Lawyers on both sides of the class-action lawsuit stemming from a 2007-2008 Hannaford Bros. data breach debated whether the victims were entitled to damages during a hearing on September 8. A 2010 decision, which upheld a 2009 court of appeals ruling, said "time and efforts alone...to avoid or remediate reasonably foreseeable harm" do not constitute a "cognizable injury," reports Corporate Counsel. In this most recent appeal, the plaintiffs' lawyer argued that the judge failed to consider claims for actual losses including bank and card replacement fees, loss of rewards points and ID theft insurance charges. Hannaford's lawyer claimed the original complaint does not plead that the plaintiffs paid any of these fees, and there are "plenty of Maine cases that say risk of future harm is not compensable."
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