Plaintiffs brought a lawsuit against defendant, a medical group, in conjunction with unauthorized access of the medical group’s business e-mail accounts by a third party. The trial court dismissed one plaintiff’s claims for lack of standing and the other plaintiff’s claims for failure to state a claim and both plaintiffs appealed. The appellate court affirmed, finding that the first plaintiff did not have a cognizable injury where her allegation of harm was based on the allegation that the data breach caused an increased risk of future harm, which is not a compensable injury in Illinois. The appellate court also found that the second plaintiff’s complaint was properly dismissed because it contained conclusory allegations that did not meet the Illinois fact-pleading standards. (WELCH and BARBERIS, concurring)
Illinois Appellate Court
Civil Court
Civil Procedure