Data-Breach Negligence: Can the Claim Survive?
push_pin
The Moment
Three questions that decide whether a data-breach negligence claim survives a motion to dismiss — drawn from real federal rulings, not doctrine explainers. More added as the corpus grows.
gavel
Can This Claim Survive at All?
gavel
NEW
The "No Private Right of Action" Defense to Negligence Per Se
Federal courts rejected the no-private-right-of-action defense to data-breach negligence per se in 7 of 8 decisions, as of November 11, 2026.
Read
arrow_forward
gavel
NEW
Negligence Per Se as Its Own Claim
In six federal rulings applying Arizona, Michigan, Nevada, Pennsylvania and Washington law, negligence per se as a standalone claim was dismissed in 6 of 6, as of November 11, 2026.
Read
arrow_forward
gavel
NEW
The Economic Loss Doctrine
The economic loss doctrine barred the negligence claim, in full or in part, in 3 of 24 federal rulings, as of November 11, 2026.
Read
arrow_forward