Mu Sigma, Inc. v. Affine, Inc., 2013 WL 3772724 (D.N.J. July 17, 2013) (3rd Cir.)
The only allegation of direct wrongdoing in the Complaint was insufficient to state a Computer Fraud and Abuse Act claim against the defendants:
“Defendants intentionally accessed Mu Sigma’s protected computer without authorization … in violation of [18] U.S.C. § 1030(a) (5).” Needless to say, this bare allegation is entirely conclusory and unsupported by any facts. Plaintiff does not specify how or whether Defendants allegedly stole its data or what in particular was stolen, much less alleged that Defendants did so with purpose or knowledge.
