AmeriFirst Bank v. TJX Companies, Inc.

BOUDIN, Circuit Judge.

Before us are cross-appeals stemming from a well known incident: the theft from TJX computers of customer credit and debit card information and the subsequent fraudulent use of the information. See generally In re TJX Cos. Retail Sec. Breach Litig., 493 F.Supp.2d 1382 (D.Mass.2007); McMorris v. TJX, 493 F.Supp.2d 158 (D.Mass.2007). Law suits ensued, this case — involving banks injured in the debacle — among them.

In January 2007, TJX Companies, Inc. (“TJX”), headquartered in Massachusetts and a major operator of discount stores, revealed that its computer systems had been…