http://online.wsj.com/article/SB119743288731823035.html By Joseph Pereira The Wall Street Journal December 12, 2007 BOSTON -- A lawsuit by a group of New England and Alabama banks against TJX Cos. over a data breach that resulted in the theft of millions of credit-card numbers was transferred to a Massachusetts state court by a federal judge. In his order yesterday, U.S. District Judge William G. Young denied the plaintiffs' request to sue as a class and ruled that without class-action status the case would no longer fall under federal jurisdiction. The decision underscores a problem litigants in electronic data-breach cases -- a relatively new phenomenon in the U.S. legal system -- will have to resolve to be granted financial relief for alleged damages. "It is very difficult to prove whether any particular fraud loss is connected to the particular data breach as opposed to some other source," said Kevin McGinty, a class-action defense expert in Boston who isn't involved in the TJX case. How a specific loss occurred would have to be investigated on an individual basis, he said, and "that's why the judge decertified the case." [...] __________________________________________________________________ Visit InfoSec News http://www.infosecnews.org/
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