Topic
Article III Standing
144 published works
Privacy and Cybersecurity
Not So Fast: Clearview Asks for Rehearing of Seventh Circuit Decision on Article III Standing for BIPA Class Action
Several weeks ago, ConsumerPrivacyWorld reported that the Seventh Circuit had affirmed a district court decision to remand a putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) to…
Consumer Class Defense Counsel
BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions
By Christopher G. Ward, Aaron R. Wegrzyn
Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the…
Consumer Class Defense Blog
U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision
By Esther Slater McDonald, Kristine Argentine, Emily Kesler
The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a…
Declassified
No Worse for Butter: Ninth Circuit Says Popcorn’s “Secret” Ingredient Does Not Confer Article III Standing
By Sydney H. Willmann, J. Thomas Richie
The Ninth Circuit recently determined that the mere presence of artificial trans fats in popcorn (i.e., the “butter” in butter flavored popcorn) does not create an injury that confers Article…
Consumer Class Defense Counsel
<em>Risto v. Screen Actors Guild</em>: A Look at Article III Standing of Absent Class Members in the Ninth Circuit
By Jaikaran Singh, Kelsey C. Boehm
Article III standing is a threshold jurisdictional requirement in all cases, including putative class actions. It is well settled that a named plaintiff must have constitutional standing throughout a case…
Chicago Business Litigation Lawyer Blog
Seventh Circuit Holds Alleged Violations of the Illinois Biometric Information Privacy Act Confer Article III Standing
By Peter S. Lubin, Patrick Austermuehle
Recently, the U.S. Seventh Circuit Court of Appeals held that a putative class action lawsuit alleging a technical violation of the Illinois Biometric Information Privacy Act (BIPA) was sufficient to…
Southeast Financial Litigation Monitor
Giving Teeth to Article III Standing Requirements in the Eleventh Circuit.
By Meghan E. Pieler, Jason Tompkins, Gregory C. Cook
The federal courts have been struggling for several years to clarify Article III standing law. Is it enough that a plaintiff satisfy the elements of a federal consumer protection statute?…
Privacy World
Another BIPA Case Remanded Back to State Court for Lack of Standing
By Amy Doolittle, Angelo Carosio
This is getting to be a common refrain in BIPA cases – plaintiffs bring BIPA class actions in plaintiff-friendly state court; defendants remove; and plaintiffs move to remand arguing there…
Ad Law Access
COVID-Related Refunds Defeat Article III Standing
After gyms closed in mid-March due to the coronavirus pandemic, LA Fitness was among the many fitness facilities faced with unforeseeable closures, outraged members, and class action litigation. Last Thursday,…
Paul W. Mollica Federal Courts Blog
Fifth Circuit Holds That Article III Standing Must Be Determined Per Violation in Clean Air Act Case Alleging 16,386 Violations
In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545 (5th Cir. July 29, 2020), noting that heretofore “no court appears to have found standing for some Clean Air…