Clemens v. Execupharm Inc.
United States Court of Appeals for the Third Circuit
48 F.4th 146 (2022)
- Written by Sean Carroll, JD
Facts
Jennifer Clemens (plaintiff) worked for Execupharm Inc. (defendant). As part of her employment, Clemens gave Execupharm sensitive personal information, including her Social Security number and bank and other financial-account information. After Clemens’s employment with Execupharm ended, Execupharm fell victim to a phishing attack by which the sensitive personal information of Clemens and others was stolen. The hacking group, which was well known in those circles, placed the stolen information on the Dark Web. Clemens sued Execupharm in contract and in tort. The primary injury that Clemens claimed was substantial risk of identity theft or fraud. The district court dismissed the complaint, finding that Clemens lacked standing because she did not suffer an injury in fact. Clemens appealed.
Rule of Law
Issue
Holding and Reasoning (Greenaway, Jr., J.)
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