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Standing

1,072 published works

  1. Eye On Privacy

    New York Court Scraps Another FACTA Receipt Class Action for Lack of Standing

    By David Poell

    In the latest installment of what has become a quickening trend, a New York federal court recently dismissed another yet putative FACTA class action for lack of Article III standing.…

  2. Class Action Countermeasures

    No Written Consent, But Still No Harm: TCPA Class Certification Denied Under Spokeo

    By McGuireWoods LLP

    Chicago-based litigators Sarah Zielinski and Jason Chrestionson bring us an update on the issue of individualized inquiry and Article III's injury-in-fact requirement under the Supreme Court's landmark decision in Spokeo, Inc.…

  3. The Data Advisor

    Class Action Standing and Data Breaches: When Is There an Injury-in-Fact?

    By Beth George

    The biggest question looming over every class-action case filed in response to a data breach is: Will the plaintiffs have standing? The answer has divided courts in recent cases across…

  4. The Data Advisor

    Post-Spokeo Jurisdictional Divide Continues as Northern District of California Rejects TransUnion’s Lack of Standing Argument

    By Matthew Staples, Claire Readhead

    Last year, the U.S. Supreme Court issued a decision in Spokeo Inc. v. Robins, holding that a plaintiff bears the burden of establishing Article III standing by alleging an injury…

  5. Drug & Device Law

    Standing Out

    By Bexis

    Last month we brought you word of an excellent result (preemption) in a ridiculous case − a class action claiming that the drops in eye-drops are too big.  That decision…

  6. CAFA Law Blog

    When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage

    By McGlinchey Stafford

    John v Whole Foods Market Group Inc., 858 F.3d 732 (2d Cir. June 2, 2017). In this action, while vacating a district court’s order dismissing the plaintiff’s complaint, the Second…

  7. Ohio Appellate Insights

    What’s On Their Minds: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

    By Marianna Bettman

    Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read an analysis here. On September 26, 2017, the Supreme Court of…

  8. Cleary Cybersecurity and Privacy Watch

    With Equifax Looming, Split On Standing In Data Breach Cases Grows with Recent Decisions

    By Rahul Mukhi, Jonathan S. Kolodner, Tanner Mathison

    As the Equifax breach litigation gets underway, several recent decisions have widened a split on when and under what conditions customers or other affected individuals may bring claims against a…

  9. Declassified

    Spokeo’s Potential (and Unanticipated) Impact on Class Certification

    By Zachary A. Madonia

    By now, most litigators and in-house counsel have at least some familiarity with the Supreme Court’s decision in Spokeo, Inc. v. Robins, which reiterated that Article III standing requires an…

  10. Ohio Appellate Insights

    Oral Argument Preview: Abortion Clinic, State Spar Over Standing Requirements for Single-Subject Challenge. Preterm-Cleveland, Inc. v. Governor John R. Kasich et al.

    By Marianna Bettman

    Update: On February 6, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read an analysis here. Read the analysis of the oral argument here.…