Topic
Standing
1,067 published works
Privacy World
Seventh Circuit Holds There Is (Still) No Standing for Bare Allegations of FDCPA Violation
By Angelo Carosio, Squire Patton Boggs
Here at CPW, we’ve covered many decisions addressing the need for Article III standing when pleading a claim in federal court. A recent decision out of the Seventh Circuit is…
Accessibility Defense
Tester standing under the ADA – Getting it wrong, getting it right, and an interesting but irrelevant analysis.
By Richard Hunt
Three cases in the last thirty days look at ADA standing and reach different conclusions about what the Constitution and the ADA require. For victims of serial litigation and for…
EvidenceProf Blog
District of New Jersey Finds “Friend With Benefits” Had Standing to Challenge Search of His Friend’s Place
By Colin Miller
The Fourth Amendment states thatThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no…
PrawfsBlawg
Judge Newsom goes Full Fletcher
Main Thursday, May 06, 2021Judge Newsom goes Full FletcherThe Eleventh Circuit held Thursday that a hearing-impaired individual has standing to bring ADA and Rehabilitation Act claims for damages against a…
Regulatory Oversight
Federal Court Rules Michigan Privacy Law Protects Nonresidents
By Ronald I. Raether, Jr., Joshua Davey, David N. Anthony, Sam Hyams, Edgar Vargas
A federal court in Michigan recently ruled that out-of-state residents have standing to sue under the Michigan Personal Privacy Protection Act (PPPA). In Lin v. Crain Communications, Inc., Case No.…
Constitutional Law Prof Blog
Second Circuit Recognizes Standing for Increased Risk of Identity Theft for Unauthorized Data Disclosure
Steven D. Schwinn, University of Illinois Chicago School of LawThe Second Circuit recognized that plaintiffs in an unauthorized-disclosure-of-data case may have standing based on an increased risk of identity theft.…
Privacy World
No Manufactured Standing: New York State Court Confirms That Fears of Hypothetical Future Harm are Insufficient to Meet Injury-In-Fact
A recent decision from the Supreme Court of New York confirms that to survive dismissal, plaintiffs in data breach actions must establish injury-in-fact through a showing of actual or imminent…
Privacy World
Does A Plaintiff Have Standing To Sue Based On A Purely Technical Violation Of The FCRA’s “Employment Purposes” Protections?
By Jesse Taylor, Angelo Carosio
In Hood v. Action Logistix, LLC, 2021 U.S. Dist. LEXIS 569974, the Eastern District of Missouri considered everyone’s favorite FCRA issue: standing for procedural violations! The plaintiff applied for a…
Class Action Countermeasures
Will No-Injury Class Actions Have Any Leg to Stand on? U.S. Supreme Court Hears Argument in TransUnion v. Ramirez
On March 30, 2021, the United States Supreme Court heard oral argument in Transunion LLC v. Ramirez, No. 20-297, a case that could have far-reaching implications on absent class member standing,…
PrawfsBlawg
Trying and failing to keep standing and merits distinct
Main Tuesday, March 30, 2021Trying and failing to keep standing and merits distinctThe Eighth Circuit offers the latest example, in a First Amendment challenge by vegan food producers and advocates…