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Through James Hinshaw and John McCauley, Bingham Greenebaum Doll LLP (BGD) obtained dismissal of a putative class action in a data security breach case in Indiana.  BGD represented French Lick Resort (Blue Sky Resort and Blue Sky Casino) in a nationwide class action arising out of a data security breach.  The data security breach involved criminals who had installed malware that obtained credit card information from some of the resort’s customers.  Plaintiffs complained solely of their annoyance and stress of having to react to this situation, the time they spent in securing a replacement credit card and re-establishing auto-payment links to that new account, and in paying for credit-monitoring services (even though the resort offered such for free as part of its notice and customer service plan after the breach was discovered).  Hinshaw and McCauley obtained dismissal of the lawsuit on a Motion to Dismiss in April 2016 because these allegations (a) presented no “injury in fact” and the plaintiffs thus lacked constitutional standing, and (b) presented no cognizable cause of action under Indiana or Kentucky law, and thus failed to state a claim.  Plaintiffs appealed that dismissal order.   Just recently, in January 2017, after months of argument in mandated mediation, plaintiffs voluntarily dismissed their appeal and with no payment or other concession from French Lick Resort – leaving intact the district court’s dismissal of the claims with prejudice.