An appeal of the Target data breach settlement was rejected by the Eighth Circuit Court of Appeals. A three-judge panel has ruled in favor of the $10 million settlement and dismissed the appeal. The Eighth Circuit cited that the appeal lacked jurisdiction, which was due to the objector’s failure to indicate why he was appealing. Florida resident Sam Miorelli filed his appeal on Dec. 18. However, shortly after his filing, the Target class asked the Eighth Circuit to require all objectors to post a bond of about $50,000 in order to cover the costs of the appeals. The Target class also told the panel Miorelli was unaffected by the settlement and was not a member of the class. The Target class told the Eighth Circuit:
As a non-class member, objector Miorelli cannot satisfy standing requirements, including the injury component, because he has no interest in the settlement and cannot be harmed by its terms. A non-member of a class lacks standing to object to a class action settlement.
Another appeal was taken by California resident John Sciaroni in December. His appeal was rejected for the same reason the Miorelli appeal was dismissed – lack of reasoning. Sciaroni originally appealed back in July, claiming that the $6.75 million in attorneys’ fees were unreasonable and did not benefit the class. However, Judge Paul Magnuson ruled that it did benefit the class considering the additional payment did not come out of the $10 million settlement fund and only constituted 29 percent of the settlement total.
Out of the 61 million people given notice of the Target class action agreement, the settlement only drew 11 total objections. The agreement allows consumers who can properly document their losses to be eligible for as much as $10,000 of the settlement amount. Consumers that cannot provide documentation for their losses will be entitled to a split of the settlement fund, following service payments to the lead Plaintiffs and approved documented claims.
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