We previously reported on the Seventh Circuit’s reversal of the District Court’s dismissal of the data breach class action case against Neiman Marcus.

On August 3, 2015, Neiman Marcus filed a Petition for Rehearing requesting that the full Seventh Circuit consider the case.

The basis for the Petition is that the Seventh Circuit’s opinion was contrary to the U.S. Supreme Court’s opinion in Clapper v. Amnesty Int’l USA as the plaintiffs were unable to show imminent or certainly impending harm from the data breach.

The Petition further argues that the Seventh Circuit’s decision created a split in Circuits, as the opinion is at odds with Reilly v. Ceridian Corp., which held that an increased risk of identity theft from a data breach is insufficient to satisfy standing requirements.

[View source.]