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Topic

Standing

1,072 published works

  1. Privacy Compliance & Data Security

    Further Thoughts on Data Breaches and Article III Standing

    By Mark G. McCreary

    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…

  2. Health Care and Life Sciences

    Third Circuit Rules That Assignment of Plan Benefits Confers Standing to Sue

    By Patrick Begos

    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…

  3. Civil Procedure & Federal Courts Blog

    Scholars File Amicus Brief in Spokeo Case Supporting Respondent Robins

    By Patricia W. Moore

    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…

  4. Civil Procedure & Federal Courts Blog

    Disinformation About Standing and the Spokeo Case

    By Patricia W. Moore

    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,…

  5. Class Actions Insider

    Predominance Is Lacking Where Some Class Members Have No Injury, Says the Ohio Supreme Court

    By Wystan Ackerman

    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…

  6. Civil Procedure & Federal Courts Blog

    Ninth Circuit Again Resurrects RESPA Class in Edwards v. First American

    By Patricia W. Moore

               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…

  7. Consumer Finance Monitor

    No deference for CFPB amicus brief from Ninth Circuit

    By Barbara S. Mishkin

    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…

  8. Wills, Trusts & Estates Prof Blog

    Historical Society Denied Standing To Bring Suit Over Historic Island Charitable Trust

    By Gerry W. Beyer

    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…

  9. New York Attorney Malpractice Blog

    Privity, Standing and When an Individual Might Sue His Attorney

    By Andrew Lavoott Bluestone

    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…

  10. PTABWatch

    PTAB Denies CBM Petition for Lack of Standing, Interpreting “Privies” as Customers and Not Suppliers

    By Benjamin T. Horton

    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…