Topic
Standing
1,072 published works
Patents Post-Grant
En Banc Denial of CBM Issue Raises Appeal Bar Debate
By Scott McKeown Wolf Greenfield
Focus of CBM Standing Analysis: Claim Language Yesterday, the Federal Circuit denied en banc review in Secure Axcess LLC v. PNC Bank National Assoc., et al. The rehearing request sought…
CAFA Law Blog
CAFA Plaintiff’s Lack of Standing Triggers Remand, Not Dismissal
Polo v. Innoventions_International, LLC, 833 F.3d 1193 (9th Cir. 2016) The United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) held the District Court should remand a…
Civil Procedure & Federal Courts Blog
SCOTUS Opinion on Standing & Intervention: Town of Chester v. Laroe Estates
Yesterday the Supreme Court issued a unanimous decision in Town of Chester v. Laroe Estates, Inc., covered earlier here and here. Justice Alito’s opinion for the Court decides the case…
Constitutional Law Prof Blog
Court Says Intervenors Must Have Standing of Their Own
Steven D. Schwinn, John Marshall Law SchoolThe Supreme Court ruled today that intervenors as of right under Rule 24(a)(2) have to meet Article III standing requirements if they wish to…
PrawfsBlawg
SCOTUS Symposium: More on standing, intervenors, and Laroe Estates
Main Monday, June 05, 2017SCOTUS Symposium: More on standing, intervenors, and Laroe EstatesI covered Town of Chester v. Laroe Estates for SCOTUSBlog and my recap is here. Since that forum…
Consumer Financial Services Law Monitor
District Court Dismisses FCRA Class Action for Lack of Standing Based on Insufficient Risk of Imminent Harm
By Alan D. Wingfield, David M. Gettings, David N. Anthony, Tim J. St. George
Since the Supreme Court issued its decision in Spokeo, Inc. v. Robins, appellate and district courts throughout the country have been grappling with the ruling’s reach. Just this past month,…
Defense Litigation Insider
MG+M Obtains Summary Judgment Via Supreme Court of Appeals of West Virginia’s Decision that Plaintiff Lacked Constitutional Standing to Bring Class Action Claim
By Javier F. Flores, Michael D. Resnick
Manion Gaynor & Manning LLP ("MG+M") has obtained a summary judgment on behalf of client HealthPort Technologies ("HealthPort") in Basil Crookshanks, on behalf of himself and all others similarly situated, v. HealthPort and Charlestown Area Medical Center ("CAMC"). …
Hunton Retail Law Resource
Eleventh Circuit Decisions Demonstrate Difficulties in Analyzing Standing Following Spokeo
By Jamie Zysk Isani, Andrew S. Koelz
Two recent decisions by the U.S. Court of Appeals for the Eleventh Circuit – one involving a rare written dissent from the denial of a petition for rehearing en banc…
New York Business Divorce
Assignment of LLC Interest Defeats Standing Despite Alleged Lack of Consideration
By Peter A. Mahler, Franklin C. McRoberts
A recent decision by Manhattan Commercial Division Justice Anil Singh enforced a minor daughter's assignment of her LLC membership interest to secure her father's debt repayment to another member, over…
Password Protected
Second Circuit Holds Data Breach Class Action Plaintiff Lacks Sufficient Injury to Support Standing
Those who tuned in to McGuireWoods’ data breach class action webinar last month know that attacking the plaintiff’s standing can be an effective defense strategy in these cases. Here’s our…