When it comes to settlement of the Equifax data breach and settlement of the Yahoo data breach, two separate judges ruled this week that things are not settled.
One judge denied terms of the Yahoo class action damages, and another judge rejected a "perverse" argument made by Equifax attorneys.Judge rejects Equifax argument that Equifax breach doesn't matter
In Atlanta, U.S. District Judge Thomas Thrash heard attorneys from Equifax argue that it is impossible to know if the Equifax breach actually harmed anyone, because that information was probably stolen in a prior breach, anyway.
Reuters covered the case:
Equifax argument: “Certainly, no individual plaintiff has alleged (or could allege) facts tying any actual harm to the Equifax breach,” the dismissal motion said. “Importantly, no plaintiff alleges that her (
Judge's response as he denied a motion to dismiss: “Allowing the defendants to rely on other data breaches to defeat a causal connection would ‘create a perverse incentive for companies: So long as enough data breaches take place, individual companies will never be found liable. The court declines to create such a perverse incentive.”
Judge rejects Yahoo breach settlement terms
Meanwhile, a $50 million settlement for consumers in the Yahoo class action suit was also rejected.
According to Bloomberg Law:
The court identified six problems with the deal. "Any of these bases would be sufficient to deny the motion for preliminary approval," Judge Lucy H. Koh wrote.
Problems cited by the judge include legal fees that seem too high, a disagreement over the class size represented in the lawsuit, and no clear estimate of the total cost to Yahoo.
Each of these data breach cases written about here