Standing in Data-Breach Cases – Risk of Future Injury Remains Unsettled: SCOTUS Skirts Apparent Circuit Conflict

In a pivotal moment for data-breach litigation, the U.S. Supreme Court denied a cert petition in CareFirst v. Attias, leaving unclear whether plaintiffs may claim standing based on potential harm. This ruling emphasizes the difficulty of proving injury in data breach cases, where personal information can be compromised without actual harm. As circuit courts diverge, the implications for identity theft claims remain uncertain.