U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

Whether individuals whose personal information is held in a database breached by hackers have Article III standing simply by virtue of the breach even without concrete injury, as the Third, Sixth, Seventh, Ninth, and D.C. Circuits have held, or whether concrete injury as a result of the breach is required for Article III standing, as the First, Second, Fourth, and Eighth Circuits have held.

Case Updates

Cert. petition denied

March 25, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant certiorari to resolve application of Article III standing regarding data-breach claims where plaintiff alleges only a heightened risk of future injury resulting from breach

September 21, 2018

Click here to view the amicus brief filed by the U.S. Chamber and the National Retail Federation.

Andrew J. Pincus, Rajesh De, Stephen C.N. Lilley, and Matthew A. Waring of Mayer Brown LLP served as co-counsel for the amici in this case.

Case Documents