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 wasnThe 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’s motion to dismiss the class action laid against them. Source: PACERAtomic 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
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