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Plaintiffs’ Data Security Breach Proposed Class Action Against The French Lick Resort Dismissed


A Bingham Greenebaum Doll LLP trial team led by Litigation practice group co-chair James M. Hinshaw and partner John McCauley were victorious on behalf of their client The French Lick Resort (a.k.a. Blue Sky Resorts, LLC and Blue Sky Casinos, LLC) in U. S. District Court for the Southern District of Indiana last week. 

Firm attorneys secured the outright dismissal of a proposed nationwide class action against The French Lick Resort, arising out of a data security breach initiated by criminal hackers from Russia in an effort to obtain some (but not all) of the resort’s customer’s credit card information.

In a 14-page ruling, Judge Pratt from the Southern District of Indiana determined that the plaintiffs had experienced no injury in fact from the data security breach, and thus lacked constitutional standing to file their lawsuit. Judge Pratt further ruled that, in light of the Plaintiffs’ failure to show any injury that could support a plausible claim that raises a right to relief above the speculative level, neither Indiana nor Kentucky courts would recognize the Plaintiffs’ novel state law claims in the data breach context. 

BGD attorneys Alex Gude and Jessica Whelan assisted Hinshaw and McCauley on the research and briefing for the Motion to Dismiss.

The BGD Cybersecurity and Privacy group currently helps clients across multiple industries manage data at each step of the information life cycle, comply with all federal and state privacy and reporting laws, and to plan, prepare and respond to information security incidents. Additional information about this rapidly expanding area of law is available here.

To learn more about James M. Hinshaw and his practice, please visit his profile.

To learn more about John McCauley and his practice, please visit his profile.

To learn more about Alex Gude and his practice, please visit his profile.

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