On February 11, 2015, a Texas federal court dismissed a complaint against St. Joseph's Health System stemming from a December 2014 data breach in which hackers allegedly gained access to the personal information of approximately 400,000 St. Joseph's patients and employees. In the latest in a series of judicial opinions applying the requirements for plaintiff standing set forth in Clapper v. Amnesty Int'l USA, 133 S. Ct. 1138 (2013), to data security breach actions, the Texas court concluded that a heightened risk of future identity theft or fraud was too speculative to confer constitutional standing on the plaintiff. Accordingly, the court held it was without jurisdiction to hear the plaintiff's federal claims (which were brought under the Fair Credit Reporting Act) and dismissed those claims with prejudice. As to the remaining common-law and state-law claims, the court's dismissal was without prejudice, giving the plaintiff another chance to bring those claims, but in state court. The opinion is available here