Topic
Standing
1,072 published works
Privacy Compliance & Data Security
Further Thoughts on Data Breaches and Article III Standing
A recent District of Nevada ruling could cause issues for consumers in data breach class action cases moving forward. On June 1, 2015, the court ruled that a consumer class…
Health Care and Life Sciences
Third Circuit Rules That Assignment of Plan Benefits Confers Standing to Sue
In North Jersey Brain & Spine Ctr. v. Aetna, Inc., -- F.3d --, 2015 WL 5295125 (3d Cir. Sep. 11, 2015), the court addressed the question “whether a patient's explicit…
Civil Procedure & Federal Courts Blog
Scholars File Amicus Brief in Spokeo Case Supporting Respondent Robins
On September 8, 2015, ten current or former law professors filed their Brief of Restitution and Remedies Scholars as Amici Curiae in Support of Respondent. The brief states (at pp. 1-2): If…
Civil Procedure & Federal Courts Blog
Disinformation About Standing and the Spokeo Case
Oh, why did I allow myself to be lured by SCOTUSBlog's cite to a blog post about Spokeo, Inc. v. Robins in the "Liberty Blog" of the Pacific Legal Foundation? The post manages,…
Class Actions Insider
Predominance Is Lacking Where Some Class Members Have No Injury, Says the Ohio Supreme Court
The U.S. Supreme Court is poised to decide next Term, in Tyson Foods, Inc. v. Bouaphakeo, whether a class can be certified when many class members lack injury (see my…
Civil Procedure & Federal Courts Blog
Ninth Circuit Again Resurrects RESPA Class in Edwards v. First American
Remember Edwards v. First American Corp., the putative class action under RESPA filed in 2007? The Supreme Court granted cert in 2011 on the issue (as…
Consumer Finance Monitor
No deference for CFPB amicus brief from Ninth Circuit
Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether…
Wills, Trusts & Estates Prof Blog
Historical Society Denied Standing To Bring Suit Over Historic Island Charitable Trust
Gardiner’s Island is something of a throwback to a time past due to the preservation of the island's historical character by generations of the Gardiner family. However, a trust set…
New York Attorney Malpractice Blog
Privity, Standing and When an Individual Might Sue His Attorney
We've taken a look at Saviano v Corniccelo 2015 NY Slip Op 31447(U) August 3, 2015 Supreme Court, New York County Docket Number: 153168/2014 Judge: Kelly A. O'Neill Levy for the question…
PTABWatch
PTAB Denies CBM Petition for Lack of Standing, Interpreting “Privies” as Customers and Not Suppliers
Acxiom Corp. v. Phoenix Licensing LLC (CBM2015-00068, Paper 23) presents a rare denial of a petition for covered business method review (as of June 25, 2015, CBM petitions are granted…