Neiman Marcus Pursues Second Attempt To Dismiss Data Breach Class Action

Following the Seventh Circuit's holding that the named plaintiffs had standing to sue, Neiman Marcus has renewed its motion to dismiss the putative class action stemming from a 2013 data breach that compromised the credit card numbers of 350,000 shoppers, arguing that the plaintiffs' amended complaint fails to state a claim for relief.

Neiman Marcus originally moved to dismiss plaintiffs' amended complaint based on both a lack of standing and failure to state a claim.  The district court for the Northern District of Illinois dismissed the class action in September 2014 based on the former theory.  However, as we previously reported, in July 2015 the Seventh Circuit reversed the district court's ruling, holding that fraudulent charges, fraud-prevention expenses, and credit monitoring were sufficient, concrete injuries that conferred standing on the plaintiffs.