More than five years after a massive 2008 data breach, Heartland Payment Systems once again asked a federal judge to dismiss a lawsuit filed by a group of credit unions and banks, according to court documents obtained by CU Times.
In a motion filed Oct. 15 in U.S. District Court's Houston Division, Heartland's legal team argued that the negligence claims are barred by state laws in New Jersey, where Heartland is headquartered, and Texas, where the breach occurred.
The Princeton, N.J.-based processing giant contended that Texas economic loss doctrine should apply to the case because the core of the negligence claim - accusations that the company's inadequate IT security measures permitted the breach – occurred at a Heartland data center in Texas, the documents said.
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