Topic
Standing
1,058 published works
Paul W. Mollica Federal Courts Blog
Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit
In Pool v. City of Houston, No. 22-2049 (5th Cir. Dec. 11, 2023), the Fifth Circuit dismisses a four-year-old First Amendment case for lack of subject-matter jurisdiction, where the court…
Banking & Financial Services Industry Legal Blog
Data Breach Class Actions: Analyzing Standing for Future Injuries-in-Fact (Part 2)
By Brandon C. Meadows, Esq. & Ty Robare, Law Clerk Businesses regularly store the data of customers and clients, whether through transactions or regular recordkeeping practices. When businesses hold onto…
Commercial Case Notes
Beneficiary of Estate Lacks Standing to Sue on Behalf of Estate
By John Lundin
On December 5, 2023, the First Department issued a decision in Rappoport v. Nye, 2023 NY Slip Op. 06224, holding that the beneficiary of an estate lacked standing to sue…
Disability, Leave & Health Management Blog
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue
By Joseph J. Lynett, Joseph DiPalma, Rebecca M. McCloskey
The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities…
Supreme Court Update
Acheson Hotels, LLC v. Laufer (No. 22-429)
By Tadhg Dooley, David R. Roth
On Tuesday, the Court issued its first decision of the term: Acheson Hotels, LLC v. Laufer (No. 22-429). This was set to be a significant decision on the standing of…
Administrative and Regulatory
SCOTUS Punts on Whether ADA “Testers” Have Standing in Acheson v. Laufer
By Minh N. Vu & John W. Egan Seyfarth Synopsis: SCOTUS’s refusal to clarify standing requirements for “tester” plaintiffs in ADA Title III lawsuits means it’s business as usual for…
Ogletree Deakins Insights
Supreme Court Says Case Over ADA ‘Tester’ Standing Is Moot, But Issue is Still Alive
By By: David Raizman, Zachary V. Zagger
Quick Hits The Supreme Court vacated an ADA case against a hotel by a plaintiff who did not intend to stay at the hotel as moot despite the hopes of…
PrawfsBlawg
Court dumps tester case
Main Tuesday, December 05, 2023Court dumps tester caseOn mootness grounds in a 3+-page opinion from Justice Barrett; the court vacates the lower-court judgment under Munsingwear. The interesting stuff is two…
Commercial Case Notes
Affidavit Describing Business Records is Insufficient to Prove the Existence of Those Records
By John Lundin
On November 8, 2023, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Carrington, 2023 NY Slip Op. 05632, holding that a supporting affidavit describing business records…
PrawfsBlawg
A standing problem?
Main Friday, November 17, 2023A standing problem?The University of Florida chapter of Students for Justice in Palestine, represented by the ACLU, has sued Ron DeSantis, Florida State University System Chancellor…