Topic
Standing
1,069 published works
Ohio Appellate Insights
Merit Decision: State Fails to Raise Standing Challenge Below; Foreclosed from Raising it on Appeal. State v. Wintermeyer
“There is no need to turn suppression issues into a gotcha game, where the state may sit on its hands in the trial court and then pull out a surprise,…
Wage & Hour Law Update
Full Eleventh Circuit Finds that Plaintiffs Lack Standing in Alabama Lawsuit Challenging State Prohibition of Local Minimum Wage Laws
By Thomas A. Davis, Tammy L. Baker, David T. Wiley
In a closely-split decision by the full court of appeals, the Eleventh Circuit has held that the plaintiffs lacked standing to pursue their claims against the named defendants in the…
Declassified
“I told you never to call me here”: Eleventh Circuit Decertifies TCPA Class Containing Absent Class Members Without Article III Standing
By J. Thomas Richie, John E. Goodman, Zachary A. Madonia
The Eleventh Circuit last month issued a significant class action opinion in Cordoba v. DirectTV, LLC, vacating a class certified in a TCPA class action and remanding the case. The…
Understanding the ADA
Intent to Return
Hope everyone had a great Thanksgiving week and did not have too hard of a time getting the kids back to school. Today’s blog entry is going to discuss…
Long Island Land Use and Zoning
SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge
Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division,…
Accessibility Defense
Blogathon – ADA and FHA cases with a little help from my friends.
By Richard Hunt
There has been a lot of ADA and FHA news in the last 10 days, so in an effort to catch up I’m going to aim for a blog a…
PrawfsBlawg
Why not standing?
Main Wednesday, October 23, 2019Why not standing?The problem with standing is not only that it is an improperly constitutiuonalized merits inquiry. It also is the inconsistency in the movement between…
Consumer Class Defense Blog
Eleventh Circuit Dismisses TCPA Claim For Lack Of Standing Where Plaintiff Allegedly Received A Single Unsolicited Text Message
By Sierra J. Chinn-Liu, Seyfarth Shaw LLP
“The chirp, buzz, or blink of a cell phone receiving a single text message is more akin to walking down a busy sidewalk and having a flyer briefly waved in…
IP Intelligence
Standing Necessary To Appeal an Inter Partes Review Decision
By Kevin Flynn
Article III of the Constitution grants the federal judiciary the power to decide “cases and controversies.”[1] “Standing,” the legal concept ensuring that federal courts review only cases and controversies, focuses…
Energy & the Law
Not Everybody Can Sue the EPA
That's a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the…