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Standing

By: Derek Hawkins//April 18, 2016//

Standing

By: Derek Hawkins//April 18, 2016//

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7th Circuit Court of Appeals

Case Name: John Lewert, et al v. P.F. Chang’s China Bistro, Inc.

Case No.: 14-3700

Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.

Focus: Standing

Appellants allege sufficient facts to support Article III Standing.

“Finally, a favorable judgment would redress the plaintiffs’ injuries. Kosner and those in his position, for example, have some easily quantifiable financial injuries: they purchased credit monitoring services. Kosner also alleges that he was unable to accrue points on his debit card while he was waiting for a replacement. If that loss has any monetary value (a question on which we take no position), it would be compensable. While neither Lewert nor Kosner have unreimbursed fraudulent charges on their payment cards, other class members (should the class be certified) might. See Remijas, 794 F.3d at 697 (explaining that federal law does not require credit and debit card companies to reimburse consumers for all fraudulent charges). And all class members should have the chance to show that they spent time and resources tracking down the possible fraud, changing automatic charges, and replacing cards as a prophylactic measure.”

Reversed and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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