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Maine court queried on card damages.



The last shoe to drop in the Hannaford Brothers card security breach might just help credit unions gradually improve their position on such breaches in the future.

A federal judge wrapping up the case against the Hannaford Brothers supermarket chain over its 2007-2008 card breach has asked the Maine Law any law prohibiting the manufacture and sale of intoxicating beverages, esp. one resembling that enacted in the State of Maine. At present, the state of Maine sells such beverages in its own stores.

See also: Maine
 Court for a ruling that might open the door for card issuers to recover more of the costs of card breaches.

Judge D. Brock Hornby had previously limited cardholder card·hold·er  
n.
One who holds a card, especially a credit card.



cardhold
 damages from such breaches, reasoning that since individual cardholders had been covered by their issuers protection policies against card fraud, they didn't have any claims against the retailer.

But when plaintiffs asked the court to reconsider its opinion, Hornby reversed part of his previous decision on Oct.5 and asked the Maine Law Court to answer one question before he could issue a final ruling: "Do time and effort alone, spent in a reasonable effort to avert reasonably foreseeable harm, constitute a cognizable The adjective "cognizable" has two distinct (and unrelated) applications within the field of law. A cognizable claim or controversy is one that meets the basic criteria of viability for being tried or adjudicated before a particular tribunal.  injury under Maine common law?"

Legal analysts speculate that an affirmative answer could have impacts beyond Maine for both cardholders and issuers damaged in card data breaches since it could introduce the idea that time and expense taken by both cardholders and their card issuers to avoid card fraud from compromised card data could qualify for monetary damages Monetary damages, in civil law, refers to compensation given to an injured party by a liable party. Monetary damages may be restitution, a penalty, or both. .

"So far, plaintiffs in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  have generally been unsuccessful in pursuing claims against merchants based on fear of identity theft and incidental expenses to protect against it, following a security breach incident," wrote attorneys from the Information Law Group, a law firm specializing in information security law. "'Lost time and effort' may not be worth a great deal in damages to any single cardholder, but if Maine allows such claims to proceed, a class action with millions of class members could make 'time and effort' claims daunting daunt  
tr.v. daunt·ed, daunt·ing, daunts
To abate the courage of; discourage. See Synonyms at dismay.



[Middle English daunten, from Old French danter, from Latin
, as well as allowing plaintiffs to sustain an action in which emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm.  can also be asserted as grounds for damages," the firm added.
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Publication:Credit Union Times
Date:Oct 21, 2009
Words:333
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