Privacy & Information Security Law Blog

A federal judge of the U.S. District Court for the Northern District of Illinois denied Neiman Marcus’ motion to dismiss in Remijas et al. v. Neiman Marcus Group, LLC, 1:14-cv-01735.  As we previously reported, the Seventh Circuit reversed Judge James B. Zagel’s earlier decision dismissing the class action complaint based on Article III standing. At that time the Seventh Circuit declined to analyze dismissal under Federal Rule of Civil Procedure 12(b)(6) due to, among other reasons, the district court’s focus on standing.

After remand, the parties’ supplemental dismissal briefing addressed whether the plaintiffs pleaded sufficient facts to plausibly establish causation and injury. Judge Zagel simply stated in a docket entry that dismissal was “not appropriate at this time.”