Topic
Article III Standing
144 published works
Regulatory Oversight
Second Circuit Clarifies Article III Standing Threshold for Data Breach Class Actions
By Angelo A. Stio III, Jan P. Levine, Jason J. Moreira
The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the…
Paul W. Mollica Federal Courts Blog
Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing
In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article…
Consumer Finance Monitor
Second Circuit ruling clarifies when data breach plaintiffs have adequately pleaded Article III standing
In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can…
CyberAdviser
Second Circuit Ruling Clarifies When Data Breach Plaintiffs Have Adequately Plead Article III Standing
In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can…
Online and On Point
Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases
While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury…
Privacy World
BREAKING NEWS: Second Circuit Rejects “Suggestion” of Circuit Split, Issues Landmark Data Breach Ruling
By Kristin Bryan, Angelo Carosio
CPW has been tracking data breach litigations for some time, including how the Courts of Appeals have addressed the question of Article III standing. Yesterday the Second Circuit issued a…
Class Action Countermeasures
Supreme Court Opens Door for Nominal Damages to Satisfy Article III Standing Requirement
By Trent Taylor, Frank Talbott V, Andrew Gann
In Uzuegbnam v. Preczewski, the Supreme Court held that the award of nominal damages is sufficient to redress a past injury, satisfying Article III’s redressability requirement. While at first blush,…
Business Litigation Blog
11th Circuit Adds to Circuit Split, Holding Threat of Future Harm and Associated Mitigation Efforts Is Not Enough to Confer Article III Standing on Data Breach Victims
Earlier this month, the Eleventh Circuit, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), affirmed the dismissal of a class-action…
Southeast Financial Litigation Monitor
The Eleventh Circuit Continues to Build on Article III Standing Requirement
By Gregory C. Cook, Jason Tompkins, Meghan E. Pieler
In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and…
Regulatory Oversight
Calling SCOTUS: Eleventh Circuit Invites Supreme Court to Address Circuit Split on Article III Standing for Data Incident Plaintiffs
By Ronald I. Raether, Jr., Mary C. Zinsner, Justin Golart
The Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by…