Topic
Standing
1,066 published works
Consumer FinSights
Fourth Circuit Vacates, Remands Class Certification, Applying Ramirez to Standing in Mortgage Case
By K. Issac deVyver, McGuireWoods LLP
On Oct. 28, the U.S. Court of Appeals for the Fourth Circuit vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers. The decision, which…
Wage & Hour Litigation Blog
A New Way to Stem the Tide of Pay Frequency Claims in NY?
By: Robert S. Whitman and Kyle D. Winnick Seyfarth Synopsis: Federal courts within the Second Circuit have held that merely alleging a pay frequency violation under New York Labor Law…
Class Defense Blog
The Courts of Appeals’ Rigorous Application of TransUnion’s Standing Analysis Continues To Provide Defendants With Strong Arguments For Defeating Non-Injury Class Actions
By Andrew J. Pincus, Archis A. Parasharami, Daniel Jones, Carmen N. Longoria-Green, Adam Hudes
Motions to dismiss federal-court actions based on a lack of Article III standing are succeeding more frequently—thanks to the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez. That ruling…
Inside Class Actions
Even After Campbell-Ewald, a Refund Offer Can Still Sometimes Moot a Case
In Campbell-Ewald Co. v. Gomez, 577 U.S. 153, 163 (2016), as revised (Feb. 9, 2016), the Supreme Court held that an unaccepted offer of judgment cannot moot a plaintiff’s claims.…
Legal Profession Blog
Statutes And Statues
The Georgia Supreme Court has held that an individual in an affected community has standing to seek injunctive relief against the removal of a Confederate statute.As alleged in the relevant…
Understanding the ADA
Title III Standing Undoubtedly Headed to Supreme Court
Today’s blog entry come from the First Circuit, Laufer v. Acheson Hotels, LLC, here. It discusses standing and creates a split in the circuits. Undoubtedly, this issue will go before…
New York Attorney Malpractice Blog
This Party Actually Did Have Standing
Beneficiaries to a will can often show losses, and even damages (which are not necessarily the same), but almost always lack the standing to sue estate planning attorneys, as beneficiaries…
The D&O Diary
Guest Post: The Second Circuit Creates a Circuit Split on Whistleblower Claim Standards
In the following guest post, Gregory A. Markel, Christopher F. Robertson, and David J. Winkler of the Seyfarth Shaw law firm take a look at the Second Circuit’s August 5,…
Consumer Finance and Fintech Blog
Eleventh Circuit Dismisses Debt Collection Letter Case For Lack of Standing
By Moorari Shah, A.J. Dhaliwal, Pouneh Almasi
On September 8, the U.S. Court of Appeals for the Eleventh Circuit issued an order in Hunstein v. Preferred Collection and Management Services, Inc. dismissing the case after determining that…
Class Action Countermeasures
Fifth Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing
By Trent Taylor, Bryan A. Fratkin, Andrew Gann, Mitch Diles
On August 15, 2022, the U.S. Court of Appeals for the Fifth Circuit vacated a class-certification order on a Rule 23(f) appeal after sua sponte holding that the named plaintiff…