Topic
Standing
1,069 published works
Employment Class Action Blog
Seventh Circuit Holds That Opt-Outs Lack Standing To Challenge Settlement
By Greg Mersol
What were they thinking, anyway? Eighteen months ago, a group of African American financial advisors brought suit against JPMorgan Chase for alleged race discrimination and retaliation. They sought to assert…
Product Liability & Mass Torts Blog
Flush with Uncertainty: Do Plaintiffs Have Standing to Seek Injunctive Relief for “Consumer Fraud” When They Are No Longer “Defrauded”?
By Heather Sanborn, Stephen M. Copenhaver
Imagine you try to flush a wipe that is branded flushable and discover it won’t flush. You are angry enough to sue the manufacturer for damages for “consumer fraud,” but…
All About Advertising Law
Eleventh Circuit Holds That A Single Text Message Does Not Satisfy Injury In Fact Requirement for Standing Under the TCPA
By Venable LLP
Many children, including myself, were taught the childhood mantra: "Sticks and stones may break my bones, but words will never hurt me." The chant intended to be a retort to…
Supreme Court Update
Order List
Greetings, Court fans! In today's order list, the Court granted cert in five cases -- we'll summarize them quickly since we expect opinions to be released Tuesday and Wednesday. Domino's…
Supreme Court Update
Sprint Communications Co. v. APCC Services, Inc. (07-552), Greenlaw v. United States (07-330) and order list
You're probably sick of us already, but we'll be cluttering your inbox a lot this week as we near the end. We've seen seven opinions so far this week –…
California Land Use & Development Law Report
Local Agencies Cannot Challenge State Project Approvals on Constitutional Grounds in Federal Court
By Chris Parker
Cities and other political subdivisions lack standing to mount a constitutional challenge in federal court against an administrative decision by a state agency. City of San Juan Capistrano v. California…
It's Just Business
Don’t Fence Me In Again
N.C. Business Court Refuses to Allow Member-Managers to Assert Contract Claims Belonging to their LLC. In its second opinion in Bennett v. Bennett, 2019 NCBC 45 (N.C. Super. Ct. Aug. 6,…
Long Island Land Use and Zoning
Fourth Department: Interest in Architecture and Historic Preservation Not Sufficient to Confer Standing Under SEQRA
In Schmidt v. City of Buffalo Planning Bd., 174 A.D.3d 1413 (4th Dept., July 31, 2019), the petitioner, Terrence Robinson, filed suit to prevent the demolition of an architecturally significant…
PrawfsBlawg
Merits, not standing
Main Wednesday, August 28, 2019Merits, not standingI have no idea whether the Eleventh Circuit is correct that a single unsolicited text violates the Telephone Consumer Protection Act. But it highlights…
Drug & Device Law
Mass Tort Plaintiffs Who Failed to Disclose Their Claims in Bankruptcy Court: Standing and Estoppel
We have blogged several times about mass tort plaintiffs who failed to list their tort claims in prior bankruptcy proceedings, thereby stiffing their creditors. See here, for example. Do they…