United States First Circuit

In an appeal from a judgment of the district court dismissing plaintiffs' complaint, under the Maine Unfair Trade Practices Act, for breach of fiduciary duty, breach of implied warranty, strict liability, and failure to notify customers of a data breach, judgment is: 1) reversed where the court incorrectly dismissed plaintiffs' negligence and implied contract claims as to certain categories of alleged damages because plaintiffs' reasonably foreseeable mitigation costs constitute a cognizable harm under Maine law; but 2) affirmed otherwise.

Appellate Information

• Decided 10/20/2011
• Published 10/20/2011

Judges

• LYNCH

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter L. Murray, Clifford H. Ruprecht