Enslin v. The Coca-Cola Company
United States District Court for the Eastern District of Pennsylvania
136 F.Supp.3d 654 (2015)
Shane Enslin (plaintiff), required to provide sensitive personal information as a condition of employment eventually acquired by Coca-Cola (defendant), had that information, stored unencrypted on multiple laptops, stolen along with many other employees' data, leading to unauthorized use of his identity and finances; Enslin sued for breach of the promise to secure his information and sought disgorgement of Coca-Cola's savings from choosing not to invest in adequate data protection as restitution damages, and Coca-Cola moved to dismiss the restitution theory as an improper remedy for a breach-of-contract claim.
Whether restitution damages are an available remedy for a breach-of-contract claim if the breaching party engaged in an opportunistic and profitable breach.