Topic
Standing
1,057 published works
BuildSmart
No Victory for Separation of Powers: Supreme Court Allows White House Ballroom Construction to Proceed
By John Mark Goodman, Douglas L. Patin
The U.S. Supreme Court has ruled that the White House Ballroom project can proceed, at least for now. As you may recall from our prior post, the D.C. Circuit Court of…
Unpredictable
Comments on Recent Cases: August 2026
By Will Newman
Image credit: DHSgov, OGC Bring Your Kid to Work Day (55492190736), August 6, 2026. Photo by Tia Dufour. Public domain via Wikimedia Commons Part of my work involves reading court…
Inside Class Actions
Gemini Tracking Allegations Fall Short of Article III Standing
By Vivian Wen, Matthew Verdin, Kathryn Cahoy
In a recent decision challenging Google’s Gemini AI features, a California federal court held that allegations concerning an AI tool’s capabilities, without facts showing actual access or use of plaintiffs’…
Inside Class Actions
Letting the Cat Out of the Bag: Named Plaintiffs’ Own Conduct Defeats Privacy Claims
By Kathryn Cahoy, Matthew Verdin, Maeve McBride
In a decision highlighting the importance of testing standing through discovery, a Florida federal court dismissed privacy claims at the class-certification stage after concluding that neither named plaintiff could establish…
EJIL: Talk!
Standing and Remedies in Climate Litigation: How TotalEnergies Echoes KlimaSeniorinnen
By Aminta Ossom
The TotalEnergies climate case, whose merits were partially decided by the Paris Judicial Court in June, illustrates how associations may be the gateway through which rights-based climate cases survive. In…
The Fiduciary Litigator
Court Affirmed The Granting Of A Plea To The Jurisdiction Where The Opponent To An Application To Appoint An Executor Had No Interest In The Estate
In In re Est. of McCulloch, David McCulloch died August 14, 2022, with a pour-over will leaving all property to the David and Vicki McCulloch Trust. No. 02-25-00036-CV, 2026 Tex.…
Class Actions Brief Blog
Fourth Circuit Holds That a Named Plaintiff Who Settles Individual Claims Lacks Standing to Appeal Decertification
It is black-letter law that a plaintiff must have standing to pursue claims in federal court and that an actual case or controversy must persist at every stage of the…
Simple Justice
Without Standing, Who Stops The Damage?
At Volokh Conspiracy, Jon Adler makes a good, and deeply disturbing point. If the Supreme Court does intervene, either on the interim docket or after argument, this case might present…
Florida Business Litigation Blog
Can a Business Force a Class Action Lawsuit to Be Thrown Out?
A business facing a class action lawsuit can often force the case out, or shrink it to a single plaintiff, but almost never with one motion. Class actions collapse in…
Inside Class Actions
No Misfire, No Case: Eighth Circuit Decertifies Gun-Defect Class Action Over Standing
Owning a product that might malfunction isn’t enough for Article III standing—the defect must actually manifest. That’s the message from Glasscock v. Sig Sauer, Inc., __ F.4th __, 2026 WL…