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breaches incidents
“Cognizable damage” required for data breach claims, MA appeals court says in a first
A Massachusetts appeals court issued guidance on data breach claims, requiring demonstrable cognizable damage rather than merely the risk of future harm to establish standing. The ruling reflects principles from the U.S. Supreme Court's 2021 TransUnion v. Ramirez decision on concrete injury standards in litigation.
Why it matters: Massachusetts businesses and courts need this clarification on standing requirements for data breach lawsuits, as it raises the bar for plaintiffs to show actual damages beyond hypothetical future risk.
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