Suit Dismissed Over Name in Yahoo! Email; Insufficient Harm for Breach of Contract

An email account holder’s contract claim against Yahoo! for allegedly disclosing personal information in his email messages could not proceed because the mere disclosure of such information absent actual harm does not amount to cognizable damages for a breach of contract claim, the U.S. District Court for the Northern District of California ruled Nov. 9, dismissing a would-be class suit (Rudgayzer v. Yahoo! Inc., N.D. Cal., 4:12-cv-01399-SBA, 5:12-cv-01399-EJD, 11/9/12).

Actual, appreciable damage is an essential element for a prima facie breach of contract claim in California, the court pointed out in an order by Judge Edward J. ...