All tagged Ninth Circuit

How Patel v. Facebook Might Tee Up a Privacy Battle at the Supreme Court

Last month, the Ninth Circuit issued an important decision on privacy and Article III standing in Patel v. Facebook.  And while the decision is sure to have far-reaching consequences, it may trigger a fight at a court with even farther-reaching consequences:  the Supreme Court.  This is because Patel appears to create a circuit split with a Second Circuit decision from 2017, Santana v. Take-Two Interactive Software, Inc.

Zappos and the Supreme Court’s Reluctance to Address Privacy Harms Under Article III Standing

On Monday, the Supreme Court denied cert in, Inc. v. Stevens, signaling that the Court remains reluctant to address privacy harms under Article III standing.  The petition for certiorari in Zappos asked the Court to resolve a circuit split over whether individuals have standing where their personal information is held in a database breached by hackers, even if they have not actually suffered an injury from that data breach.