Heartland Payment Systems Wins on Motion to Dismiss Computer System Intrusion Class Action Suit
On Dec. 1, the court granted our motion to dismiss the complaint almost in its entirety, dismissing all but one relatively minor claim. Significantly, many of the court’s claim dismissals were with prejudice, including the dismissal of the negligence claim, and the only surviving claim, for violation of Florida Deceptive and Unfair Trade Practices Act, is limited to the law of one state. Further, even where the court’s dismissals were without prejudice, its decision significantly narrowed the scope of plaintiffs’ ability to re-plead the claims in question. A copy of the court’s ruling can be found here.
The Ropes & Gray litigation team for this victory included partner Mark Szpak and associate Anne Johnson Palmer.