Topic
Article III Standing
144 published works
Inside Class Actions
Pixel Tracking Technologies and Article III Standing: Lessons from the Rack Room Shoes Decision
In Smith v. Rack Room Shoes, Inc., No. 24-cv-06709-RFL (N.D. Cal. Sept. 21, 2026), Plaintiffs sought class certification on claims under the California Invasion of Privacy Act, Cal. Penal Code…
Florida Eminent Domain Law Blog
Article III Standing in FSCA Lawsuits: Why Early Challenges Keep Failing (Part 1)
By Daniel Self
Can a company get a Florida Security of Communications Act lawsuit dismissed early for lack of Article III standing? So far, Florida federal courts have rejected that argument at the…
Class Action Defense Blog
California Federal Court Denies Class Certification In Adtech Case Due To Lack Of Article III Standing
By Gerald L. Maatman, Jr., Justin R. Donoho, and Hayley Ryan Duane Morris Takeaways: On September 21, 2026, in Smith, et al. v. Rack Room Shoes, Inc., No. 24-CV-6709 (N.D.…
Zalma on Insurance
Suit Needs Article III Standing
By Barry Zalma
Data Breach Requires Plaintiff’s Own Information was Missued Post number 5394 The Dismissal Based on Lips’s Failure to Plead Injury in Fact, In Danielle Lips, on behaf of hersef and…
Inside Class Actions
New Jersey Court Dismisses Complaint in Recalled Drugs Suit for Lack of Article III Standing
Standing remains a powerful defense to putative class actions. Recently, a New Jersey federal court relied on Article III standing to dismiss a lawsuit against Glenmark Pharmaceuticals Inc. alleging that…
Inside Class Actions
Washington Anti-Spam Law Decision Addresses Article III Standing in CEMA Cases
A federal court recently addressed whether plaintiffs alleging misleading commercial email practices in violation of Washington’s Commercial Electronic Mail Act (“CEMA”) have Article III standing to pursue claims. The ruling…
Class Action Defense Blog
Third Circuit Holds That Unauthorized Collection Of Credit Card Information Via Session Replay Code Confers Article III Standing, Creating Split Of Authority
By Gerald L. Maatman, Jr., Justin Donoho, and Hayley Ryan Duane Morris Takeaways: On May 11, 2026, in In Re BPS Direct, LLC; Cabela’s, LLC Wiretapping Litigation, No. 23-3235, 2026…
Paul W. Mollica Federal Courts Blog
Plaintiffs Who Plead That Session Replay Code Embedded in Retail Websites Captured Personally Identifying Information Alleged an Injury in Fact for Article III Standing Purposes, Holds Third Circuit
In In re BPS Direct, LLC; Cabela’s, LLC Wiretapping Litig., No. 23-3235 (3d Cir. May 11, 2026), the Third Circuit holds that customers whose allege that their visits to retail…
Inside Class Actions
Another Court Dismisses Website Privacy Suit for Lack of Article III Standing
By Thea McCullough, Kathryn Cahoy
Adding to a growing body of case law following the Ninth Circuit’s decision in Popa v. Microsoft Corporation, a California federal court has dismissed for lack of subject matter jurisdiction…
Inside Class Actions
Sensitive Search Terms Not Enough To Establish Article III Standing Under Popa
A recent decision from the Southern District of California underscores a point courts have made increasingly clear after the Ninth Circuit’s precedential decision in Popa v. Microsoft: alleging the disclosure…