The company behind Atomic Wallet has asked a United States court to dismiss a class action suit seeking damages from a $100 million hack arguing the claims should’ve been filed in Estonia where it’s based.
In a Nov. 16 dismissal motion in a Colorado District Court the Estonian firm argued it has “no U.S. ties” and its end-user license agreement required all litigation against it be filed in its home country of Estonia.
Atomic also argued that only one user in Colorado was allegedly affected — which wasn
The firm also claimed the 5,500 allegedly affected Atomic users agreed to its terms of service which expressly disclaims liability for losses due to theft and limits damages to $50 per user
Atomic said the plaintiff’s negligence claims also lack legal merit because a legal duty was never created in which they were to maintain Atomic Wallet’s security and to protect against hacking.
Related: Crypto exchange Upbit targeted by hackers 159K times in H1: Report
“This Court has repeatedly rejected similar claims because Colorado recognizes no such duty,” it wrote.
Allegations of fraudulent misrepresentation were also struck down by the Estonian-based wallet provider.
The plaintiffs launched the class action in August, two months after a $100 million exploit on Atomic Wallet took place with up to 5,500 users affected — with both North Korean and Ukrainian groups blamed for the attack.
Magazine: Should crypto projects ever negotiate with hackers? Probably
Source: Read Full Article
-
Crypto Twitter split as another NFT platform moves to opt-in royalties
-
Sealing docs in Binance case could suggest a criminal probe, says former SEC official
-
Google Cloud to digitize El Salvador’s governance, healthcare and education
-
3AC founders reveal ties to Terra founder, blame overconfidence for collapse
-
North Korea’s Lazarus Group responsible for $55M CoinEx hack: Report