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Third Circuit vacates dismissal of data breach case against Horizon Healthcare Services

On January 20, 2017, the Third Circuit Court of Appeals, in a precedential opinion, vacated and remanded the dismissal of plaintiffs’ data breach case. The Circuit held that plaintiffs have Article III standing to pursue claims that they suffered harm when their personal information was stolen from unencrypted laptops at Horizon’s headquarters. The Circuit stated even without evidence that the plaintiffs’ personal information was not used improperly, the alleged disclosure created a de facto injury under the Fair Credit Reporting Act. Lite DePalma Greenberg Afanador is a co-lead counsel. In Re: Horizon Healthcare Services, Inc. Data Breach Litigation, No. 15-2309, on appeal from USDC for the DNJ (D.N.J. NO. 2-13-cv-07418).