Topic
Standing
1,069 published works
Privacy World
Frank v. Autovest, LLC: In The Ninth Circuit, Technical FDCPA Violations Alone Aren’t Enough To Give A Plaintiff Standing
By Jesse Taylor, Angelo Carosio
In Frank v. Autovest, LLC, 2020 U.S. App. LEXIS 18082 (9th Cir. June 9, 2020), the Ninth Circuit addressed a thorny standing issue under the Fair Debt Collection Practices Act…
CHW California Public Law Report
Who can sue?
The Los Angeles Court of Appeal issued a recent ruling clarifying a long-established — but often contested — rule of tax litigation procedure: to have standing (the right to raise…
ERISA Litigation Advisor
Supreme Court: Plaintiffs Who Suffered No Injury Lack Standing to Sue under ERISA
The plaintiffs’ expectations surely suffered a blow after reading the Supreme Court’s initial observation in their case: “If [the plaintiffs] were to lose this lawsuit, they would still receive the exact same…
Benefits Law Advisor
Supreme Court: Plaintiffs Who Suffered No Injury Lack Standing to Sue under ERISA
The plaintiffs’ expectations surely suffered a blow after reading the Supreme Court’s initial observation in their case: “If [the plaintiffs] were to lose this lawsuit, they would still receive the exact same…
Ogletree Deakins Insights
Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling
By Publisher, Madeline Chimento Rea, Thomas M. 'Tom' Christina
The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under…
Privacy World
[FCRA] Ninth Circuit Sua Sponte Dismisses FCRA Claim On Standing Grounds
By Jesse Taylor, Angelo Carosio
Standing to bring suit is an issue that is never waived and never goes away, regardless of the parties’ arguments. Recently, the Ninth Circuit reviewed an appeal of an FCRA…
The Benefit of Benefits
SCOTUS: No Damage, No Standing For DB Participants
By Scott E. Galbreath, J.D., LL.M (Tax)
When is a fiduciary breach not a fiduciary breach? When the complaining retiree-participants do not have standing because they have not missed receiving a defined benefit pension plan payment, according…
Compensation & Benefits Blog
U.S. Supreme Court Holds ERISA Defined Benefit Plan Participants Without Monetary Losses Lack Article III Standing to Assert Breach of Fiduciary Duty Claims
By Russell Hirschhorn, Tulio Chirinos
Earlier today, the U.S. Supreme Court affirmed a decision by the Eighth Circuit holding that ERISA plan participants lack Article III standing to sue for breach of fiduciary duty to…
Constitutional Law Prof Blog
SCOTUS Says no Standing for Retirement-Plan Participants to Sue for Mismanagement
Steven D. Schwinn, UIC John Marshall Law SchoolA sharply divided Supreme Court ruled today in Thole v. U.S. Bank that retirement-plan participants can't sue their former employer for mismanagement of the…
Privacy World
“Orpilla: The new face of forum avoidance?”
In an odd turn of events, a plaintiff brings a putative class action for alleged violations of the Fair Credit Reporting Act (“FCRA”) but later claims that she has not…