Topic
Standing
1,072 published works
Constitutional Law Prof Blog
Backpage Lacks Standing to Challenge Ban on Advertising Sex Trafficking
Steven D. Schwinn, John Marshall Law SchoolJudge Reggie B. Walton (D.D.C.) ruled today in Backpage.com v. Lynch that Backpage lacked standing to challenge a federal law criminalizing ads for sex trafficking.The…
Minding Your Business
Courts Split on Standing Issues in FCRA Suits After Spokeo
By Tiffany Woo
On October 5, 2016, two district courts came to opposite conclusions on whether putative class action plaintiffs had standing to bring claims based on prospective employers’ failure to comply with…
Eye On Privacy
Update on Data Breach and Data Privacy Class Actions Post-Spokeo
In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136…
Class Action & Mass Torts
Update on Data Breach and Data Privacy Class Actions Post-Spokeo
In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136…
Civil Procedure & Federal Courts Blog
Third Circuit Decision on Standing, Pleading, and NSA Surveillance
Last week, the U.S. Court of Appeals for the Third Circuit issued its decision in Schuchardt v. President of the United States (3d Cir. No. 15-3491). The plaintiff filed a…
Employment & Labor
“Bare violation” of ERISA without concrete injury does not confer standing
Lee v. Verizon Commc'ns, Inc., -- F.3d --, 2016 WL 4926159 (5th Cir. Sept. 15, 2016), held that a defined benefit pension plan participant does not have Article III standing…
Technology Law Dispatch
Despite Plaintiffs Satisfying Standing Requirements, Barnes & Noble Closes the Book on Data Breach Class Action
In data breach class actions, standing is often the major obstacle, and has taken on renewed focus following the U.S. Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct.…
PTAB Law Blog
A Procedural Solution for Addressing Standing at the Federal Circuit
By Derek F. Dahlgren, Nicole M. DeAbrantes
An increasing number of cases demonstrate the challenges that the Federal Circuit and parties face when dealing with standing questions in appeals from administrative agencies. These challenges only emphasize the…
Data Protection Report
Sixth Circuit: Suit Challenging Data Breach Caused by Hacking May Proceed
The U.S. Court of Appeals for the Sixth Circuit concluded that certain allegations of harm after a data breach caused by hacking are sufficiently concrete to confer Article III standing. This…
Constitutional Law Prof Blog
No Standing to Challenge Export of Chimps
Steven D. Schwinn, John Marshall Law SchoolJudge Ketanji Brown Jackson (D.D.C.) ruled in New England Anti-Vivisection Society v. U.S. Fish and Wildlife Service that the plaintiff organization lacked standing to…