Topic
Standing
1,071 published works
Declassified
Injury-in-Fact vs. Actual Damages — Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not Injury
By J. Thomas Richie, Zachary A. Madonia
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article…
PTAB Law Blog
IPR Petitioner “Lost” Standing to Appeal to Federal Circuit By Abandoning Development of Proposed Biosimilar Before Appeal Was Completed
On February 7, 2019, the Federal Circuit dismissed an appeal because the IPR petitioner, Momenta Pharmaceuticals, essentially “lost” its constitutional standing when – prior to completing its appeal to the…
Class Action Lawsuit Defense
Eighth Circuit Remands Case for Standing Evaluation Before Settlement Approval
The Eighth Circuit recently vacated a district court’s final approval of a proposed class action settlement agreement because it did not assess the plaintiff’s standing before approval. Schumacher v. SC…
Employment Class and Collective Action Update
Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?
By Stephanie L. Adler-Paindiris, David R. Golder, Eric R. Magnus
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing…
Workplace Privacy, Data Management & Security Report
Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?
By Joseph J. Lazzarotti, Maya Atrakchi
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing…
Ohio Appellate Insights
What’s On Their Minds: Challenging Standing at a Suppression Hearing. State of Ohio v. Justin W. Wintermeyer.
Update: On December 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. “So we are going to throw out our…
Declassified
Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for Class Actions
By Zachary A. Madonia, J. Thomas Richie
In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the…
Consumer Class Defense Blog
Article III Standing to Remain a Rigorous Federal Court Impediment for Plaintiffs who Allege Damages Limited to Technical Statutory Violations
By Esther Slater McDonald, Seyfarth Shaw LLP
Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136…
Constitutional Law Prof Blog
District Court Dismisses Maryland’s Obamacare Case Against the Feds for Lack of Standing
Judge Ellen Lipton Hollander (D. Md.) dismissed Maryland's case against the federal government for a declaration as to the constitutionality and enforceability of the Affordable Care Act and an injunction…
New Media and Technology Law Blog
Illinois Supreme Court Rules Actual Injury Not Needed to Be an “Aggrieved” Party under Biometric Privacy Law
In a long-awaited decision, the Illinois Supreme Court issued its ruling in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. Jan. 25, 2019), on whether a person “aggrieved”…