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CUMIS INSURANCE SOCIETY, INC. v. BJ'S WHOLESALE CLUB, INC.

SJC-10400

455 Mass. 458 (2009)

CUMIS INSURANCE SOCIETY, INC., & others v. BJ's WHOLESALE CLUB, INC., & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 11, 2009.

Attorney(s) appearing for the Case

Constantinos G. Panagopoulos, of the District of Columbia (F. Joseph Nealon, of the District of Columbia, & Allen N. David with him) for the plaintiffs.

W. Breck Weigel, of Ohio (Timothy C. Blank with him) for Fifth Third Bank.

James W. Prendergast (Gordon Pearson, of the District of Columbia, with him) for BJ's Wholesale Club, Inc.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

COWIN, J.

This dispute arose after unauthorized parties obtained access to magnetic stripe data from approximately 9.2 million credit cards4 used by cardholders to purchase merchandise at stores of the defendant BJ's Wholesale Club, Inc. (BJ's). Using the stolen data, the thieves were able to engage in fraudulent credit card transactions worth millions of dollars. The plaintiff credit unions, which had issued the compromised Visa U.S.A...

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