Topic
Standing
1,067 published works
Inside Class Actions
To Defeat Dismissal, Plaintiffs Win By Losing Standing
In a typical situation, defendants argue that plaintiffs lack standing and plaintiffs insist otherwise. But, sometimes, the lack of standing can work in plaintiffs’ favor. In Benton v. CVS Pharmacy,…
Understanding the ADA
Is ADA Title II, III Tester Standing a Thing Anymore?
There must be an art to reading what is really going on by the questionings of Justices at oral argument. If there is such an art, I haven’t mastered it…
Drug & Device Law
Plaintiffs Exit Federal Court By Exploiting Their Lack of Standing
The late chef and travel raconteur Anthony Bourdain said that great chefs pride themselves on what they can do with offal. Anybody can make a fine steak. It takes real…
Class Action & Mass Torts
Second Circuit Blasts Mass-Produced, “Mad-Libs-Style” ADA Title III Complaints and Affirms Dismissal of Four Braille Gift Card Lawsuits
By John W. Egan and Minh N. Vu Seyfarth Synopsis: Second Circuit issues scathing decision directed at “mad lib”-style serial ADA Title III complaints, and affirms-on the basis of standing-the…
Paul W. Mollica Federal Courts Blog
Plaintiffs’ “Mad-Libs-Style Complaints” Alleging Americans with Disabilities Act Violations Lacked Plausible Grounds for Article III Standing, Holds Split Second Circuit Panel
In Calcano v. Swarovski N.A. Ltd., No. 20-1552 (2d Cir. June 2, 2022), a 2-1 panel of the Second Circuit holds—in a case involving four blind plaintiffs—that a template complaint…
Manipulation Monitor
The London Silver Plaintiffs And Defendants Dispute The Scope Of The Second Circuit’s Schwab II Decision
As we noted at the time, the Second Circuit’s “umbrella standing” decision in Schwab Short-Term Bond Mkt. Fund v. Lloyds Banking Grp. PLC, 22 F.4th 103 (2d Cir. 2021) (“Schwab…
PrawfsBlawg
More overlapping jurisdictional doctrines
Main Thursday, May 12, 2022More overlapping jurisdictional doctrinesAnother example of overlapping "jurisdictional" doctrines, in which courts take the same fact--whether an executive official has a present or future intent to…
Taft Class Action & Consumer Insights
Plaintiffs’ Standing to Assert FCRA Violations Dealt Another Blow
The Eighth Circuit’s recent decision in Schumacher v. SC Data Center, Inc. provides guidance on when alleged violations of the Fair Credit Reporting Act do not constitute a concrete injury…
Law School Academic Support Blog
Lost Opportunities
This semester I changed up my assessments for my undergraduate law class. In the past, I had done oral arguments as a final assessment, but after witnessing paralyzing anxiety from…
Disability, Leave & Health Management Blog
Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims
By Joseph J. Lynett, Jennifer Rusie, Mendy Halberstam
On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any…