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SOVEREIGN BANK v. BJ'S WHOLESALE CLUB, INC.

Civ. No. 1:CV-05-1150.

427 F.Supp.2d 526 (2006)

SOVEREIGN BANK, Plaintiff, v. BJ'S WHOLESALE CLUB, INC., Fifth Third Bankcorp., Defendants.

United States District Court, M.D. Pennsylvania.

April 13, 2006.

Attorney(s) appearing for the Case

Joseph Wolfson, Stevens & Lee, P.C., King of Prussia, PA, Stacey A. Scrivani, Stevens & Lee, Reading, PA, for Plaintiff.

Christopher A. Lewis, Mark L. Rhoades, Richard L. Kremnick, Blank Rome LLP, Philadelphia, PA, Jennifer L. Carpenter, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, Andrew L. Swope, Christopher R. Nestor, Kirkpatrick & Lockhart Nicholson Graham LLP, Harrisburg, PA, Melvin A. Bedree, William Breck Weigel, Vorys, Sater, Seymour & Pease LLP, Cincinnati, OH, for Defendants.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

Plaintiff, Sovereign Bank, filed this lawsuit against defendants, BJ's Wholesale Club, Inc., and Fifth Third Bank, after Sovereign incurred losses when its customers' Visa card numbers were stolen from a computer file maintained by BJ's. The losses were mainly for the cost of issuing new credit cards to replace the ones that had been compromised by the theft and for the cost of reimbursing...

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