Topic
Standing
1,062 published works
Consumer Financial Services Law Monitor
Seventh Circuit Affirms Dismissal of FDCPA Claim for Lack of Standing, Holding Hiring a Lawyer and Confusion is Not Enough
By David N. Anthony, Stefanie Jackman, Ethan G. Ostroff
The Seventh Circuit Court of Appeals recently affirmed a district court's dismissal of a suit holding that the plaintiff had not suffered a concrete injury, and therefore, lacked standing to…
North Carolina Appellate Practice Blog
Court of Appeals Emphasizes Importance of Identifying the Proper Plaintiff
Before filing a complaint, make sure you have the correct name of your plaintiff. Otherwise, when you amend the complaint to add the correct plaintiff, you may lose the benefit…
Consumer Financial Services Law Monitor
New Jersey Federal Court Dismisses FDCPA Claim Based on Alleged Failure to Obtain Proper License for Lack of Standing
By Mark Kundmueller, Mary C. Zinsner, Elizabeth Briones
In Valentine v. Mullooly, Jeffrey, Rooney & Fylnn LLP the U.S. District Court for the District of New Jersey found that the plaintiff had not suffered an injury in fact…
Accessibility Defense
Acheson Hotels – tester standing at the crossroad 2.
By Richard Hunt
In my last blog I looked at why testers became embedded in the enforcement of civil rights laws from a practical standpoint. Now it’s time to look at the law…
PrawfsBlawg
More merits and standing overlaps
Main Wednesday, August 30, 2023More merits and standing overlapsThe Third Circuit rejected a First Amendment challenge to Pennsylvania's anti-discrimination/anti-harassment PR rule (ABA Model Rule 8.4(g)), concluding that the lawyer plaintiff…
PrawfsBlawg
303 Creative as “fake case” (Updated)
Main Wednesday, August 23, 2023303 Creative as "fake case" (Updated)I have never understood the "fake case" criticism of 303 Creative. The fact that Smith had never designed a wedding site…
California Corporate & Securities Law Blog
Judge Rules Beneficial Owner of Shares Lacks Standing to Bring Direct Claims Against Corporation and its CEO
The plaintiffs in Chan v. ArcSOFT, Inc., 2023 WL 2788585, believed that they had been misled in a buyout of their shares and so they sued the company and its Chief Executive…
PrawfsBlawg
Fifth Circuit takes injury where Fletcher and Newsom would not
Main Saturday, August 19, 2023Fifth Circuit takes injury where Fletcher and Newsom would notThe Fifth Circuit found the 2016 and 2021 FDA expansions of Mifepristone use unlawful under the APA;…
Inside Class Actions
Fifth Circuit Declines to Wade Into Circuit Split on Relationship Between Standing and Class Certification
By Isaac Chaput, Jonah Panikar
In a recent published decision, the Fifth Circuit declined to articulate a rule for the “order and depth in which” it “grapples with constitutional standing and the Rule 23 inquiry.” …
Your ERISA Watch
Fifth Circuit Tackles Thorny Standing and Class Certification Issues in Action Alleging Misconduct by Fringe Benefit Group
Chavez v. Plan Benefit Servs., No. 22-50368, __ F. 4th __, 2023 WL 5160393 (5th Cir. Aug. 11, 2023) (Before Circuit Judges Wiener, Stewart, and Engelhardt) Judicial decisions in ERISA…