Topic
Article III Standing
144 published works
Paul W. Mollica Federal Courts Blog
Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage
In TocMail Inc. v. Microsoft Corp., No. 22-10223 (11th Cir. Apr. 25, 2023) (per curiam), the Eleventh Circuit dismisses an appeal by a cybersecurity company suing Microsoft for false advertising…
Consumer Financial Services Law Monitor
Illinois Federal Court Dismisses FDCPA Claim for Lack of Article III Standing
By Stefanie Jackman, Meagan Mihalko, Jonathan Floyd, Stephen Lozier
Federal courts across the country continue to divest themselves of Fair Debt Collection Practices Act (FDCPA) cases following the Supreme Court's salient Article III standing decision in TransUnion LLC v.…
Appellate Advocacy Blog
Concrete Economics on the Supreme Court
The Supreme Court has recently offered strikingly similar answers to two seemingly disparate questions. The first concerns Article III standing to bring a case in federal court: What does it…
Consumer Finance Monitor
New Jersey federal court rules misleading collection letter alone does not establish Article III standing
In an unpublished opinion, a New Jersey federal district court has ruled that a plaintiff did not have Article III standing to assert a claim under the Fair Debt Collection…
Consumer Financial Services Law Monitor
Tenth Circuit Affirms Dismissal of FDCPA Mailer-Vendor Claims
By Stefanie Jackman, Joshua Howell
A recent opinion issued by the Tenth Circuit serves as further confirmation that plaintiffs bringing Fair Debt Collection Practices Act (FDCPA) claims in federal court must allege sufficient concrete injury…
Inside Class Actions
First Circuit Holds Alleged Overpayment Enough for Article III Standing
The First Circuit recently revived consumer deception claims challenging the safety and testing of a car booster seat manufactured by Evenflo, in a case that potentially makes it easier for…
Class Action Countermeasures
Fourth Circuit Vacates and Remands Class Certification Decision in Accordance with Supreme Court’s Directive to Consider Ramirez’s Effect on Issues of Standing in Mortgage Class Action
By K. Issac deVyver, Karla L. Johnson
On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class…
Global Policy Watch
Seventh Circuit Affirms Dismissal Of Class Claims Based Upon Speculative Hacking Risk
By Allan Topol
Late last week, the Seventh Circuit affirmed a trial court’s ruling granting dismissal at summary judgment of claims against FCA US LLC (“FCA,” formerly known as Chrysler) and Harman International…
Consumer Finance Monitor
Eighth Circuit finds that class-action FCRA plaintiff lacks Article III standing under Spokeo
The Eighth Circuit reiterated in a decision last month that trial courts must distinguish between FCRA plaintiffs who have suffered concrete harm and plaintiffs who merely seek to collect statutorily…
Class Action Countermeasures
Seventh Circuit Stresses the Distinction Between Article III Standing and Antitrust Standing
By George Rudebusch, Nicholas J. Giles
Last week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more…