New England Biz Law Update
Where a plaintiff brought suit claiming that the defendant failed to protect sensitive nonpublic personal information as it was obligated to do under both contract and consumer protection laws, a judgment of dismissal must be affirmed, as (1) the plaintiff’s contract claim is barred by her lack of third-party beneficiary standing and (2) the plaintiff does not have constitutional standing to assert a violation of any arguably applicable consumer protection law.
Katz v. Pershing, LLC (Lawyers Weekly No. 01-057-12) (30 pages) (Selya, J.) (1st Circuit) Appealed from a decision by Stearns, J., in the U.S. District Court for the District of Massachusetts. Stephen J. Calvacca, with whom Susan L. Moran and Law Offices of Calvacca Moran were on brief, for the plaintiff-appellant; Stephen L. Ratner, with whom Margaret A. Dale, Jason D. Gerstein, Scott Harshbarger and Proskauer Rose were on brief, for the defendant-appellee (Docket No. 11-1983) (Feb. 28, 2012).
