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With two recent decisions sure to please the plaintiff’s bar, the U.S. Court of Appeals for the Seventh Circuit landed a blow to defendants facing class action and data breach lawsuits. In the first decision, the Seventh Circuit ruled that data breach plaintiffs, who regularly bring suits as class actions, have Article III standing despite suffering no actual harm so long as some future fraudulent activity resulting from the breach is “certainly impending.” In a second ruling, the Seventh Circuit killed off the heightened ascertainability requirement for class certification, adopted in the Third Circuit and various other courts, which requires plaintiffs to demonstrate a manageable method of identifying class members. The Court held to a “weak” ascertainability requirement for class certification, where the class definition must merely be sufficiently definite and based on objective standards.

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Photo of Frank Citera Frank Citera

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability

Francis A. “Frank” Citera is a nationally-recognized trial lawyer representing clients in product liability, toxic torts, class actions and other complex litigation matters in federal and state courts. Frank has over 35 years of experience and is co-chair of the firm’s Product Liability and Mass Torts Litigation Practice and co-chairs the Chicago Litigation Practice. An experienced architect of litigation strategies, Frank defends companies in various industries and business sectors including retailers such as Albertson’s, Claire’s Stores, Inc., Sears, and Whole Foods to technology and electronics companies like Qualcomm, Sony Electronics, and Underwriters Laboratories. He has achieved success in defeating class certification, disputing alleged claims in court, and obtaining summary judgments and outright dismissals prior to trial.

Ranked in Chambers USA for Product Liability: Consumer Class Actions (Band 2), Frank handles multi-state consumer class actions and often serves as national coordinating counsel for companies facing multidistrict and overlapping class action proceedings. He advises clients on risk management, crisis management and communications, and product safety matters and has appeared before federal and state agencies such as the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Food and Drug Administration, and the National Transportation Safety Board. Frank has been recognized by Chambers USA and Leading Lawyers Network, and The Legal 500 United States describes him as being “highly experienced and capable” and “renowned for his toxic tort and product liability work.”

Photo of Brett M. Doran Brett M. Doran

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA)…

Brett Doran focuses his practice on class action defense and privacy litigation in federal and state courts, arbitration, and enforcement actions. He defends clients in consumer and product liability litigation, including class actions, and matters involving the Illinois Biometric Information Privacy Act (BIPA), the Telephone Consumer Protection Act (TCPA) and other federal and state laws.