Insureds Can’t Appeal Ruling Limiting Class Damages In Data Breach Suit

Mealey's ( October 31, 2024, 10:05 AM EDT) -- WASHINGTON, D.C. — A group of policyholders who are the plaintiffs in a nine-year-old lawsuit over a 2015 data breach experienced by their insurer were denied the right to pursue an interlocutory appeal of a ruling that curtailed their ability to seek mitigation damages related to the theft of their personally identifiable information (PII), with the District of Columbia Circuit U.S. Court of Appeals deeming the damages issue not appealable because it “does not relate to class certification for purposes of” Federal Rule of Civil Procedure 23(f)....