Class actions have already been filed against Anthem in the federal courts of the Southern District of Ohio, Northern District of Ohio, Northern District of Alabama, Northern District of Georgia, Southern District of Indiana and Central District of California. There will be more. The speculative nature of harm in data breach cases means that Article III standing will be hotly contested in each. For a review the legal landscape of this fundamental requirement for federal jurisdiction, click here.
Issue No. 1 in Anthem data breach class actions: Does the Supreme Court’s ruling in Clapper prevent standing?