Topic
Standing
1,071 published works
Southeast Financial Litigation Monitor
Eleventh Circuit Breaks from Sister Circuits on Spokeo
By Jeremy Retherford, Adam Israel
Last month, the Eleventh Circuit revisited the U.S. Supreme Court’s controversial decision in Spokeo, Inc. v. Robins, and appears to have set a low bar for plaintiffs to clear in…
PrawfsBlawg
Jurisdictionality confusion lives
Main Tuesday, October 02, 2018Jurisdictionality confusion livesI have not been writing or reading about jurisdictionality of late, so I was surprised to see that courts seem to be making the…
Constitutional Law Prof Blog
District Court Says Members of Congress Have Standing to Sue President for Emoluments Violations
Steven D. Schwinn, John Marshall Law SchoolJudge Emmet G. Sullivan (D.D.C.) ruled today in Blumenthal v. Trump that members of Congress have standing to sue President Trump for violations of…
Class Action Countermeasures
Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.
Below, Richmond-based litigators Bryan A. Fratkin and Heidi E. Siegmund examine the Seventh Circuit's recent holding that an employment applicant's missed opportunity to address a background check constitutes sufficient injury…
Texas Commercial Litigator
Contingent Trust Beneficiary has Standing to Sue Trustee
By Dane Patrick
Contingent trust beneficiary. A contingent trust beneficiary is one who does not have the right to receive benefits under a specific trust until the occurrence of a future event. Typically, a…
Drug & Device Law
Money for Nothing? No Standing This Time in the Third Circuit
We sometimes sit around trading stories about the dumbest lawsuits we have ever seen. Our personal favorite is a class action that the Drug and Device Law Spouse defended years…
Global Media and Communications Watch
Eighth Circuit Finds that Bare “Technical Violations” of the TCPA Do Not Establish Standing
In St. Louis Heart Center v. Nomax, Inc., the Eighth Circuit held that an “alleged failure to provide a technically compliant opt-out notice” in a fax advertisement, without more, does…
PrawfsBlawg
Damnatio memoriae
Main Sunday, September 02, 2018Damnatio memoriaeThis is an interesting case from the Sixth Circuit (H/T: Volokh Conspiracy). Plaintiff sued the recorders of deeds throughout Ohio, alleging that continued maintenance of…
PrawfsBlawg
Flipping constituional litigation
Main Tuesday, August 21, 2018Flipping constituional litigationHere is a move that could shake-up our expectations in constitutional litigation. A group of Kentucky filed suit in the District of the District…
Your ERISA Watch
Sixth Circuit Joins Sister Circuits: Denial of Plan Benefits Confers Standing Even If Not Billed Directly for Medical Services
Good morning, ERISA Watchers! Hope you all survived the Mercury retrograde, which I’m convinced brought about the last two terrible notable decisions out of the Fourth Circuit. This week I…