Topic
Standing
1,072 published works
PrawfsBlawg
Should states always have standing to sue the President? Texas, Washington State, and Standing to Enforce (or Fight) National Immigration Law
Main Monday, February 06, 2017Should states always have standing to sue the President? Texas, Washington State, and Standing to Enforce (or Fight) National Immigration LawIn a delicious irony (or at…
PTABWatch
Federal Circuit Dismisses Appeal where IPR Petitioner Lacked Standing to Appeal
In Phigenix, Inc. v. ImmunoGen, Inc., No. 2016-1544 (Fed. Cir. Jan. 9, 2017), the Federal Circuit dismissed, for lack of standing under Article III of the Constitution, a petitioner-appellant’s (Phigenix)…
MoFo ReEnforcement: The Enforcement Blog
The Latest Word (or Text) on TCPA Standing Post-Spokeo and Consent
By Tiffany Cheung, Ben Patterson
On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently…
Civil Procedure & Federal Courts Blog
Nash on Sovereign Preemption State Standing
By Robin Effron
Jonathan Remy Nash (Emory) has posted Sovereign Preemption State Standing to SSRN.When does a state have standing to challenge the executive branch’s alleged under-enforcement of federal law? The issue took…
Land Use Prof Blog
A new conservation easement case from Maine’s highest court is a lesson in statutory interpretation.
ESTATE OF MERRILL P. ROBBINS v. CHEBEAGUE & CUMBERLAND LAND TRUST (Sup. Judicial Ct. Maine Jan. 26, 2017), 2017 WL 370891A controversy over the development of land encumbered with a…
New England IP Blog
The Federal Circuit’s Standing Requirement to Appeal Patent Office Decisions
In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S. Patent Office can be appealed. While…
Civil Procedure & Federal Courts Blog
Bruhl on Article III Standing and the One Plaintiff Rule
Aaron Bruhl has posted on SSRN a draft of his article, One Good Plaintiff is Not Enough. Here’s the abstract:This Article concerns an aspect of Article III standing that has…
Civil Procedure & Federal Courts Blog
D.C. Circuit Denies Motion to Intervene in ACA Appeal
Yesterday the U.S. Court of Appeals for the D.C. Circuit denied an attempt by two consumers to intervene in U.S. House of Representatives v. Burwell (No. 16-5202). The case involves,…
Media & Privacy Risk Report
Spokeo Was a Loss for Plaintiffs, Seventh Circuit Reaffirms
Plaintiffs’ lawyers across the land have trumpeted the U.S. Supreme Court’s decision in Spokeo as a victory (or at least not a loss). Spokeo, Inc. v. Robins, 136 S. Ct.…
Inside Privacy
Data Breach Allegations Sufficient for Standing After Spokeo, Court Says
On Monday, the U.S. District Court for the District of Kansas ruled that the named plaintiff for a putative class of CareCentrix employees whose personal information was compromised had alleged…