BOSTON — An appeals court ruling last week will permit plaintiffs to seek some damages from Hannaford Bros. related to a data breach at the retailer in 2007 and 2008.
A district court previously had dismissed all claims from a class-action suit arising from the data breach, but the three-judge appeals panel last week said certain negligence and implied contract claims could proceed, because mitigation costs “constitute a cognizable harm under Maine law,” according to the decision. Such claims could include costs incurred for customers who paid a fee to have their credit cards reissued or paid for identity theft insurance, the ruling said.
Twenty-six separate lawsuits following the hacking incident at Hannaford were consolidated in the class-action lawsuit. A spokesman for the Scarborough, Maine-based retailer said Hannaford would not comment on matters under litigation.