Topic
Standing
1,069 published works
Proskauer on Privacy
Circuit Split Deepens as Eleventh Circuit Rejects “Risk of Identity Theft” Theory of Standing in Data Breach Suit
On February 4, 2021, the Eleventh Circuit affirmed the dismissal of a customer’s proposed class action lawsuit against a Florida-based fast-food chain, PDQ, over a data breach. The three-judge panel rejected the…
Minding Your Business
Do All Class Members Have Standing For Mere Statutory Violations? The Supreme Court Will Decide
By Rucha Desai
On March 30, the Supreme Court will hear arguments on whether a damages class action, is permitted by Article III of the Constitution or Rule 23 of the Federal Rules…
Privacy World
Federal Court Refuses to Approve Settlement in Data Privacy Litigation, Finding “Substantial Questions” Regarding Plaintiffs’ Capacity to Sue
By Kristin Bryan, Angelo Carosio
CPW recently covered Tsao v. Captiva MVP Rest. Partners, LLC where the Eleventh Circuit aligned itself with others that “declined to find standing on an ‘elevated risk of identity theft’ theory…
Religion Clause
Humanist Organization Lacks Standing To Challenge Texas Ban On Secular Marriage Celebrants
In Center for Inquiry, Inc. v. Warren, (5th Cir., Feb. 10, 2021), the U.S. 5th Circuit Court of Appeals dismissed for lack of standing a suit by a secular humanist organization…
Gender and the Law Prof Blog
Campus Sexual Assault, Standing, and Title IX
By Tracy Thomas
Hannah Brenner Johnson, Standing in Between Sexual Violence Victims and Access to Justice: The Limits of Title IX, 73 Oklahoma L. Rev. (2020)Sexual violence proliferates across communities, generally, and is…
Privacy World
Standing – When the FDCPA and FCRA Collide
By Kristin Bryan, Angelo Carosio
The Fair Debt Collection Practices Act (“FDCPA”) is a significant piece of legislation. It has regulated “debt collectors,” as defined by statute, for over 40 years. Recently, the Consumer Financial…
Class Action Countermeasures
Firearms Manufacturers Shoot Down Class Action With Article III Defense
By Trent Taylor, Andrew Gann, Frank Talbott V
Since the Supreme Court’s May 16, 2016 decision in Spokeo, Inc. v. Robins, Article III standing has continued to be a major focus in federal courts. The Sixth Circuit’s opinion…
Consumer Class Defense Blog
Reigning in Consumer Class Actions: Ninth Circuit Focuses on Need to Provide Concrete Facts to Support Alleged Injury in Fact for Article III Standing
By Alexandra V. Drury, Giovanna A. Ferrari
Background A recently decided Ninth Circuit case provides additional guidance for defendants looking to challenge standing in consumer class actions. In, McGee v. S-L Snacks National, Plaintiff brought a putative…
Privacy World
BIG NEWS: The Eleventh Circuit Joins Others In Finding That Speculative Future Harm From A Data Breach Doesn’t Give Rise To Standing, Adding to Circuit Split
By Kristin Bryan, Jesse Taylor, Angelo Carosio
Readers of CPW are likely already aware of a long-running Court of Appeals split regarding what injuries in the data breach context suffice for purposes of Article III standing. Well,…
The Fiduciary Litigator
Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit
In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she…