Alleruzzo v. SuperValu, Inc., No. 16-2378 (8th Cir. 2017)Annotate this Case
Plaintiff, shoppers who shopped at SuperValu stores that suffered data breaches, filed putative class actions alleging that hackers gained access to defendants' network because defendants failed to take adequate measures to protect customers' payment card information. The Eighth Circuit held that the complaint has not sufficiently alleged a substantial risk of identity theft, and plaintiffs' allegations of future injury did not support standing in this case. However, the complaint sufficiently alleged that one of the plaintiffs suffered an injury in fact, fairly traceable to defendants' security practices, and likely to be redressed by a favorable judgment. Because that plaintiff had Article III standing, the court reversed the district court's dismissal of his complaint. The court affirmed the dismissal as to the remaining plaintiffs and remanded for further proceedings.