Topic
Standing
1,067 published works
PrawfsBlawg
Some responses to Somin on SB8
Main Friday, September 03, 2021Some responses to Somin on SB8Ilya Somin offers some thoughts on SB8 and the Court's decision to allow enforcement pending litigation.Somin argues rejecting current standing and…
Indiana Commercial Foreclosure Law
7th Circuit: Absent “Concrete Injury” Plaintiffs Have No Standing To Bring FDCPA Claim
Lesson. Mere annoyance or intimidation by language in a demand letter, without any concrete harm resulting from such language, is insufficient for a plaintiff to have standing to file a…
Ogletree Deakins Insights
Eleventh Circuit Court of Appeals Creates New Standard for Standing in Title III Cases Against Gas Stations
By By: David Raizman, Paul J. De Boe
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when,…
Privacy World
Defendant Prevails in Factual Attack on Standing in Data Event Litigation Proceeding in Ninth Circuit District Court
Here at CPW, we have covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent rare decision out of a district…
Nonprofit Law Blog
Maintaining Standing: A California Case
Question Whether a director of a nonprofit public benefit corporation who brings an action on behalf of the nonprofit public benefit corporation can lose standing to pursue its claims if…
PrawfsBlawg
District court finds standing in SB8 litigation
Main Thursday, August 26, 2021District court finds standing in SB8 litigationOpinion here finding standing as to all defendants, contrary to much (but not all) of what Rocky and I argue.…
Privacy and Cybersecurity
Federal Court Finds Article III Standing In Data Event Litigation But Dismisses Majority of Plaintiff’s Claims Under Rule 12(b)(6)
CPW previously has covered multiple decisions that address Article III standing requirements for pleading a claim in federal court. A recent decision out of a federal court in Missouri is…
Simple Justice
Short Take: Peaceful or Standing, Pick One
At Volokh Conspiracy, Eugene discusses the conundrum in Legacy Entertainment & Arts Foundation v. Mina, where suit was brought to pre-emptively challenge Florida’s new Combating Public Disorder Act. A person…
Paul W. Mollica Federal Courts Blog
Tenth Circuit Holds That a Single Phone Call That the Debtor Didn’t Even Answer Created Standing Under the FDCPA, Breaking with the Seventh Circuit
In a blog entry dated December 16, 2020, I summarized five decisions by the Seventh Circuit that dramatically crimped Article III standing in Fair Debt Collection Practices Act (FDCPA) cases.…
California Corporate & Securities Law Blog
Court Of Appeal Imposes "Continuous Directorship" Requirement For Standing
Several provisions of California's Nonprofit Public Benefit Corporation Law confer standing on an officer, director, or member. See Sections 5142, 5223, 5233, and/or 5710. In an opinion issued yesterday, the…