Neiman Marcus Group LLC has asked a Seventh Circuit court to deny an appeal of a class-action suit related to a data breach which was previously dismissed by a lower court judge.

The original suit, one of several brought on behalf of retailer's customers after its payment system was hacked, accused the company of negligence for not adequately safeguarding customers' payment card data.

U.S. District Judge James B. Zagel had granted a motion to dismiss in the case, but plaintiffs are trying to revive it on appeal. 

Neiman Marcus' attorneys argued in a Dec. 5 brief that the lower court dismissal should stand because “plaintiffs have not met their burden to establish” a concrete and actual or imminent injury, or one “traceable to Neiman Marcus” and called their contentions of injury from loss of control of their personal data “a rehash” previous arguments.