Topic
Standing
1,072 published works
Constitutional Law Prof Blog
District Court Says No Standing to Sue U.S. Government for Actions of Israelis
Steven D. Schwinn, John Marshall Law SchoolJudge Randolph D. Moss (D.D.C.) ruled in Siegel v. U.S. Dep't of Treasury that plaintiffs lacked standing to sue the U.S. government for anti-Palestinian actions…
Data Protection Report
Ninth Circuit further entrenches circuit split over standing in data breach cases
On March 8, 2018, the Ninth Circuit issued its highly anticipated decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach…
Constitutional Law Prof Blog
Ninth Circuit Says Hacking Victims Have Standing to Sue, even Without Actual Identity Theft
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled this week that victims of a commercial web-site hacking have standing to sue the site for failure to secure their…
Privacy and Cybersecurity Perspectives
The Standing Struggle in Data Breach Litigation Continues
Two courts. Two days. Two different results. On March 7, on remand from the U.S. Court of Appeals for the Eighth Circuit, a federal district court judge in Minnesota granted…
Cleary Cybersecurity and Privacy Watch
Supreme Court Declines to Review Standing in the Data Breach Context Despite Ongoing Circuit Split
By Rahul Mukhi, Tanner Mathison
Late last month, the Supreme Court declined to review the D.C. Circuit’s decision in CareFirst v Attias. In CareFirst, the D.C. Circuit ruled that the mere theft of personal information…
Constitutional Law Prof Blog
Yet Another Gerrymandering Case, but with Not-Your-Usual Standing Problem
Steven D. Schwinn, John Marshall Law SchoolJudge William Q. Hayes (S.D. Cal.) on Friday dismissed a challenge to a city's new single-member districts for its city council elections for lack…
Civil Procedure & Federal Courts Blog
Some Interesting Decisions from the U.S. Courts of Appeals
A couple of decisions from the federal circuits in recent weeks:In Hagy v. Demers & Adams, the Sixth Circuit addressed Article III standing and the Supreme Court’s 2016 decision in…
Drug & Device Law
California Class Action Update
Class actions hold our interest, even though we do not see them all that often anymore in the drug and medical device space. Maybe we are the rubbernecking motorists who…
Ohio Appellate Insights
Merit Decision: Abortion Clinic Lacks Standing to Make Single-Subject Challenge to State Budget Bill for Inclusion of Abortion Provisions. Preterm-Cleveland, Inc. v. Kasich.
“The Supreme Court of the United States has stated standing “'is not dispensed in gross.’” Justice O’Donnell, majority opinion. On February 6, 2018, the Supreme Court of Ohio handed down…
HR Defense
Technical Violations of Statutes May No Longer Be Enough
“Have you been injured?” No longer just a query for auto accident victims, plaintiffs must increasingly be able to answer “yes” to that question before bringing suits for violations of…