Federal court rules plaintiffs failed to demonstrate actual injury from data breach
MIAMI, FL / ACCESS Newswire / November 6, 2025 / Zumpano Patricios has obtained dismissal of a class action lawsuit filed in response to a cybersecurity incident affecting the firm. U.S. District Court Judge Beth Bloom dismissed the complaint and closed the case on November 3, 2025, ruling that plaintiffs failed to allege sufficient injury to proceed with their claims.
Plaintiffs filed the lawsuit within days of Zumpano Patricios sending notices of a cyber-security attack. Judge Bloom determined that the complaint merely speculated about potential harm from the cybersecurity event rather than demonstrating actual damages, which are required under federal law to establish standing.
The plaintiffs in the class action alleged that the cybersecurity incident placed their personal information at increased risk of future misuse. The court examined whether this allegation of increased risk constituted a sufficient injury to confer standing under Article III of the U.S. Constitution. Judge Bloom concluded that the complaint failed to meet this threshold requirement.
The court's opinion clarifies that evidence of a data breach alone does not satisfy injury requirements for proceeding with litigation. The ruling emphasizes that plaintiffs must demonstrate actual harm rather than theoretical possibilities of future injury. This standard applies even when a cybersecurity incident has been confirmed and notices have been sent to affected individuals.
"The Judge's opinion establishes that the courthouse is not open to claims of mere hypothetical harm," said a spokesperson for Zumpano Patricios. "In the current environment of rampant cyber-attacks on computer systems around the world, this ruling provides important clarity."
American businesses face thousands of cyber-attacks annually. The Federal Bureau of Investigation reported that cybercrime complaints have increased substantially in recent years, with data breaches affecting organizations across all sectors. Without requirements for demonstrating actual injury, courts could face an increased volume of lawsuits following data breaches.
Judge Bloom's dismissal resolved the case at the pleading stage, before discovery or trial proceedings. Her opinion addresses the legal framework for evaluating standing in data breach cases, examining the distinction between alleged harm and actual injury. Plaintiffs' allegations did not cross the threshold from speculation to concrete harm, the court found.
The dismissal has been reported by Bloomberg Law, Law360, and the Daily Business Review. The ruling addresses standing requirements for data breach class action lawsuits.
About Zumpano Patricios
Founded in 2003 and headquartered in Coral Gables, Zumpano Patricios operates offices in Miami, New York City, White Plains, Chicago, Salt Lake City, and Las Vegas. The firm specializes in complex litigation, healthcare law, international disputes, and asset recovery. Notable achievements include recovering over $300 million for healthcare providers and securing landmark judgments in anti-terrorism cases.
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ZUMPANO PATRICIOS
Phone: (305) 444-5565
Email: info@zplaw.com
Website: www.zplaw.com
SOURCE: Zumpano Patricios
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