Olson v Ferrara Candy
Topic: Constructive trust alternate
Source: CourtListener
IL App (1st) 24ll26
Opinion filed June 25, 2025
Third Division
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
ERVIN OLSON, and SHAWN WESSON, on Behalf of ) Appeal from the
Themselves and All Others Similarly Situated, ) Circuit Court of
) Cook County.
Plaintiffs-Appellants, )
)
v. ) No. 22 CH 6866
)
FERRARA CANDY COMPANY, ) Honorable
) Joel Chupack,
Defendant-Appellee. ) Judge, presiding.
PRESIDING JUSTICE LAMPKIN delivered the judgment of the court, with opinion.
Justices Martin and D.B. Walker concurred in the judgment and opinion.
OPINION
¶1 Plaintiffs Ervin Olson and Shawn Wesson filed a data breach class-action complaint
against their former employer, defendant Ferrara Candy Company (Ferrara). Plaintiffs alleged that
Ferrara negligently failed to use reasonable means to protect its current and former employees'
"personally identifiable information" (PII)--including Social Security numbers, driver's license
numbers, and bank account and routing numbers--from unauthorized access by an unknown third
party, who stole the PII and committed fraud. Ferrara filed a combined motion to dismiss the
complaint pursuant to section 2-619.1 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619.1
(West 2022)), arguing that plaintiffs lacked standing and failed to plead adequate facts to support…