Topic
Standing
1,072 published works
HL Chronicle of Data Protection
8th Circuit Affirms Standing as Barrier in Data Breach Class Actions
By Michelle Kisloff, Adam Cooke
The U.S. Court of Appeals for the Eighth Circuit has become the latest appellate court to enter the contested debate over Article III standing in data breach litigation. The Eighth…
Constitutional Law Prof Blog
D.C. Circuit Tosses Antitrust, First Amendment Claims of Third Party Presidential Candidates
Steven D. Schwinn, John Marshall Law SchoolThe D.C. Circuit ruled yesterday that Libertarian and Green Party candidates in the 2012 presidential election lacked standing to challenge their exclusion from presidential…
Privacy and Cybersecurity
Spokeo—Round 3: The Ninth Circuit Finds Alleged Statutory Violation Sufficiently “Concrete” To Satisfy Article III Standing
The Ninth Circuit recently issued its long-awaited opinion in Robins v. Spokeo, Inc., --- F.3d ----, 2017 WL 3480695 (9th Cir. Aug. 15, 2017), on remand from the United States…
Boundary Dispute Law Blog
Timberlane Homeowners Association, Inc. v. Brame – Case Review
By Bob Zierman
Timberlane HOA, Inc. v. Brame is a textbook case both with respect to procedure and merit, EXCEPT ... Unlike the opinion itself, I am going to first look at the…
Constitutional Law Prof Blog
Fifth Circuit Says Group Has Standing, Strikes Texas Voter-Interpreter Restriction
Steven D. Schwinn, John Marshall Law SchoolThe Fifth Circuit ruled this week that an organization had standing to challenge Texas's restriction on a voter's use of an interpreter under the…
Constitutional Law Prof Blog
Sixth Circuit Says No Standing to Challenge Foreign Account Tax Compliance Act
Steven D. Schwinn, John Marshall Law SchoolThe Sixth Circuit ruled yesterday that a group of plaintiffs, including taxpayers with overseas accounts and Senator Rand Paul, lacked standing to challenge the…
HL Chronicle of Data Protection
The Ninth Circuit Revives Consumer Class Action, Finding Intangible Harm Sufficient to Confer Article III Standing
By Michelle Kisloff, Vassi Iliadis
The six-year fight over the type of harm a plaintiff must allege to satisfy the “injury in fact” requirement for lawsuits alleging false reporting of credit information took its latest…
Class Action & Mass Torts
Spokeo: On Remand From The U.S. Supreme Court, The Ninth Circuit Finds Plaintiff Has Standing, Again
By Gerald L. Maatman, Jr., Pamela Q. Devata, & Robert T. Szyba Seyfarth Synopsis: Following remand from the U.S. Supreme Court, the Ninth Circuit found that the plaintiff suing Spokeo,…
Constitutional Law Prof Blog
On Remand, Ninth Circuit Says Spokeo Plaintiff Has Standing
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled today that Thomas Robins suffered a sufficiently concrete injury to establish Article III standing in his case against the consumer…
Consumer Products Counselor
Northern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not Purchase
By Frank Citera
The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts. Judge…