Topic
Article III Standing
144 published works
Technology & Marketing Law Blog
Photobucket’s Attempted TOS Amendment Mostly Fails–Pierce v. Photobucket
By Eric Goldman
Photobucket is a venerable photo hosting service whose best days are far behind it. In 2017, its management imploded the service by imposing above-market hosting fees. Most users stopped using…
Compensation & Benefits Blog
District Court Reinforces Role of Article III Standing Limits in Post-Cunningham ERISA Litigation
By Renee Firth, Sydney Juliano, Russell Hirschhorn
As has been discussed and written about extensively, the U.S. Supreme Court lowered the pleading standard for claims alleging violations of ERISA’s prohibited transaction rules. Cunningham v. Cornell University, 604…
Consumer Financial Services Law Monitor
Fourth Circuit Finds Public Disclosure Required for Standing in Data Breach Case
By Cindy D. Hanson, Jon S. Hubbard, H. Scott Kelly, Tim J. St. George, Mary C. Zinsner, Noah DiPasquale
Key point: Courts are concluding that not all data breaches should result in a lawsuit. Businesses need to consider causation and damages when responding to an incident and take steps…
Inside Privacy
Court Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III Standing
By Matthew Verdin, Kathryn Cahoy
In a win for businesses using third-party technologies to power their websites, a California federal court applied the Ninth Circuit’s recent decision in Popa v. Microsoft Corporation to dismiss a…
Inside Class Actions
Court Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III Standing
By Matthew Verdin, Kathryn Cahoy
In a win for businesses using third-party technologies to power their websites, a California federal court applied the Ninth Circuit’s recent decision in Popa v. Microsoft Corporation to dismiss a…
Inside Class Actions
Valuation and Standing—The Sixth Circuit Creates a Class Action Split
By Ainsley McMahon, Sonya Winner
In its recent decision in Clippinger v. State Farm, the Sixth Circuit addressed the certification of a class in a breach-of-contract dispute over insurance valuation claims, in which the defendant…
Inside Class Actions
Standing in the Dark: Fourth Circuit Finds Standing for Driver’s License Information on the Dark Web
Courts continue to grapple with the type of “concrete harm” that is required to confer Article III standing under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), particularly in data…
Class Action Defense Blog
Illinois Federal Court Finds “Self-Inflicted Injury” Insufficient To Confer Article III Standing In Publicity Class Action Lawsuit
By Gerald L. Maatman, Jr., Justin Donoho, Hayley Ryan, and Tyler Zmick Duane Morris Takeaways: On October 2, 2025, in Azuz v. Accucom Corp. d/b/a InfoTracer, No. 21-CV-01182, 2025 U.S.…
Media & Privacy Risk Report
Popa v. Microsoft Corporation, et al.: Ninth Circuit Clarifies Article III Standing Requirements and Strengthens Defenses to Internet Privacy and Other Consumer Claims
By Adil M. Khan, Nusra Ismail, Hannah Yozzo
Faced with waves of consumer lawsuits targeting common website tools like browser cookies, tracking pixels, and live chat features, businesses are often frustrated by the outsized exposure posed by seemingly…
Roberts Disability Law Blog
Second Circuit Clarifies Article III Standing for ERISA 401(k) Mismanagement Claims
In Collins v. Ne. Grocery, Inc., No. 24-2339-CV, —F.4th—-, 2025 WL 2382948 (2d Cir. Aug. 18, 2025), the Second Circuit addressed the recurring question of when participants in a defined…