Topic
Standing
1,072 published works
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.…
Class Action Countermeasures
No Written Consent, But Still No Harm: TCPA Class Certification Denied Under Spokeo
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.…
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…
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…
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…
CAFA Law Blog
When Defendant Makes A ‘Facial’ Challenge To Complaint, The Plaintiff Has No Evidentiary Burden At The Pleadings Stage
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…
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.
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…
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…
Declassified
Spokeo’s Potential (and Unanticipated) Impact on Class Certification
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…
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.
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.…