Topic
Standing
1,057 published works
Transportation Law: Moving Forward
Supreme Court Dismisses Cert Petition On Uninjured Class Members
By Amy Pauli, Scott L. Winkelman
On June 5, 2025, the United States Supreme Court dismissed as improvidently granted the petition for writ of certiorari in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis,…
Environmental Law Prof Blog
Setting the Record Straight on Environmental Citizens Suits
On March 11, 2025, ExxonMobil filed a petition for certiorari in the case ExxonMobil Corp. v. Environment Texas Citizen Lobby, Inc. The petition seeks to drastically alter the requirements for…
Last Month at the Supreme Court
Supreme Court Weighs Certification of a Class Including Uninjured Plaintiffs
By Chantel Febus, James Azadian, Ryan VanOver
In Laboratory Corporation of America Holdings v. Davis (No. 24-304), the Supreme Court has the opportunity to decide whether a federal court may certify a class action under Federal Rule…
Last Month at the Supreme Court
Supreme Court Considers Standing to Challenge Clean Air Act Waiver Based on Market Impact
By Chantel Febus, James Azadian, Mark Magyar, Christopher Sakauye
The Supreme Court recently heard oral argument in Diamond Alternative Energy, LLC v. Environmental Protection Agency (No. 24-7), a case examining whether economic harm stemming from market forces influenced by…
Pennsylvania Divorce and Domestic Relations Blog
A Son Trips Up His Father’s Custody Rights.
By Mark Ashton
This custody case is a weird one, where, after four years of litigation, it turns out a grandfather is found to have never had standing. The timeline is important. Mother…
Inside Class Actions
“Tester” Plaintiff Who “Actively Seeks Out Privacy Violations” Lacks Standing to Pursue CIPA Claim
Lawsuits targeting businesses’ use of website tools under the California Invasion of Privacy Act (“CIPA”) increasingly are filed by so-called “tester” plaintiffs. These plaintiffs seek out websites to “test” for…
Commercial Case Notes
Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It
By John Lundin
On April 16, 2025, the Second Department issued a decision in Nechadim Corp. v. 500 Putnam St. Realty, LLC, 2025 NY Slip Op. 02214, holding that a party that sold…
Legal Theory Blog
Mullenix on Laboratory Corporation of America Holdings v. Davis
Linda S. Mullenix (University of Texas School of Law) has posted A Jurisprudential Blind Spot: Certification of Uninjured Claimants in Rule 23(b)(3) Damage Class Actions on SSRN. Here is the…
The Fiduciary Litigator
Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust
The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement…
Privacy Compliance & Data Security
Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules
By Odia Kagan
If you are "tester" who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III…