Topic
Standing
1,072 published works
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The Standing Trap: Will a Spokeo Challenge Lock a Class Action Defendant into a State Court Forum?
Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has…
Ohio Appellate Insights
Guest Post. In Sharper Focus: Standing in Ohio Courts: Divergence From and Convergence with Federal Law
*This guest post was co-authored by Professor Michael Solimine and Kristen Elia. Professor Solimine is the Donald P. Klekamp Professor of Law at the University of Cincinnati College of Law.…
PrawfsBlawg
Eighth Circuit on municipal liability
Main Saturday, May 12, 2018Eighth Circuit on municipal liabilityIn Webb v. City of Maplewood, a class challenged various practices relating to unpaid traffic fines (H/T: Volokh Conspiracy's weekly round-up). The…
Drug & Device Law
Citing Lack of Standing, D.D.C. Tosses Challenge to FDA Denial of Citizen Petition
If clients get sued by someone where physical or financial injury seems remote, unclear, or speculative, consider raising the defense of lack of standing. Courts are for resolving actual disputes…
Civil Procedure & Federal Courts Blog
Ninth Circuit: Monkey satisfies Article III, but lacks statutory standing under Copyright Act
Today a panel of the Ninth Circuit issued its decision in Naruto v. Slater (the Monkey Selfie case), covered earlier here. People for the Ethical Treatment of Animals (PETA) brought…
Long Island Land Use and Zoning
Lack of Standing Is Fatal To Challenge
Standing is a threshold issue in challenges to administrative decisions. Prior blog posts have dealt with standing in cases involving challenges to local land use and zoning decisions. If standing is not established, the party…
Privacy and Cybersecurity Perspectives
The Seventh Circuit Weighs In On Standing
Yesterday the United States Court of Appeals for the Seventh Circuit weighed in on the consumer class action standing issue. The court found that Barnes & Noble customers have standing…
Past Due
Sixth Circuit Shuts Down FDCPA Claim under Spokeo
In Hagy v. Demers & Adams, the Sixth Circuit looked to Spokeo, Inc. v. Robbins to hold that not all inaccuracies cause real harm sufficient to confer standing to bring…
Drug & Device Law
S.D. Fla. Dismisses Supplements Case for Lack of Standing
We recently read an editorial in The New York Times advocating lawsuits as a means of regulating an industry. Politicians are gripped by paralysis - so the argument goes…
Energy & Environmental Law Adviser
Recent RCRA Ruling Offers Insight on Applying Spokeo to Environmental Citizen Suits
By J. Michael Showalter, Caitlin M. Ajax
“Standing” – a person's right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which…