JPML Centralizes SuperValu Data Breach Class Action Lawsuits

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On Tuesday, two class action lawsuits stemming from the alleged data breach at SuperValu Inc. were centralized in Minnesota by the U.S. Judicial Panel on Multidistrict Litigation (JPML).

The lead plaintiffs in the SuperValu class action lawsuit alleged that consumers’ credit card information was exposed to third parties during a data breach at the grocery store chain that occurred in July. The plaintiffs argue that the company did not take appropriate measures to protect consumer credit card information from the data breach and also failed to give proper notice to affected consumers. Class action lawsuits were filed in Illinois and Minnesota.

According to the order issued by the JPMDL, the Illinois plaintiffs opposed centralization, while the plaintiffs who filed in Minnesota supported centralization of the cases in either Minnesota or Idaho. The defendants, SuperValu and AB Acquisition LLC, a holding company for more than 1,000 grocery stores allegedly affected by the breach, supported centralization in Idaho.

The JPML determined that because the location of SuperValu’s corporate headquarters is Minnesota the data breach class action lawsuits should be centralized there. “SuperValu’s corporate headquarters is located within the district, and therefore relevant documents and witnesses are likely to be located there,” pointed out the JPML in their order. “As many of the plaintiffs also are located in the Midwest, the district is both convenient and accessible for the majority of the parties,” the panel continued.

U.S. District Judge Ann D. Montgomery was appointed by the JPML to preside over the consolidated data breach class action lawsuits.

The SuperValu data breach class action lawsuits stem from an announcement SuperValu made in August disclosing that data systems at over 200 of its stores were breached. The stores include Cub Foods, Farm Fresh, Hornbacher’s, Shop ‘n Save and Shoppers Food & Pharmacy. SuperValu claims that it took actions to secure the affected part of its network, and brought in federal authorities and a third-party data forensics expert to learn the nature and scope of the data intrusion.

Plaintiff Steve McPeak is represented by John J. Driscoll of The Driscoll Firm PC.

Plaintiff Kenneth Hanff is represented by Rhett A. McSweeney and David M. Langevin of McSweeney Langevin LLC, Ben Barnow, Erich P. Schork and Jeffrey Blake of Barnow & Associates PC and John S. Steward of Steward Law Firm LLC.

The SuperValu Data Breach Class Action Lawsuits are McPeak, et al. v. Supervalu Inc., Case No. 3:14-cv-00899, in the U.S. District Court for the Southern District of Illinois and Hanff, et al. v SuperValu Inc., Case No. 0:14-cv-03252, in the U.S. District Court for the District of Minnesota.

The SuperValu Data Breach MDL is In re: SuperValu Inc. Customer Data Security Breach Litigation, Case No. 2586, in the U.S. Judicial Panel on Multidistrict Litigation.