Topic
Standing
1,072 published works
Financial Services Perspectives
Mortgage Servicers Can Submit Proof of Standing after Filing Complaint, Says Ohio Supreme Court
By Lee Gilley
In Wells Fargo Bank, N.A. v. Horn, the Ohio Supreme Court held “that the plaintiff in a foreclosure action must have standing at the time it files its complaint. But…the…
Beneficially Yours
Fifth Circuit Finds Out-Of-Network Medical Provider Has Standing To Sue Health Plan
By: Amanda Sonneborn and Meg Troy The Fifth Circuit recently addressed an out-of-network provider’s right to sue and whether coverage may be conditioned on collections of patient’s out of pocket…
Ohio Appellate Insights
Merit Decision: Foreclosure: Standing Required at Filing; Proof Allowed Later. Wells Fargo Bank, N.A. v. Horn.
On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in Wells Fargo Bank, N.A. v. Horn, 2015-Ohio-1484. In a unanimous opinion written by Justice Kennedy,…
Civil Procedure & Federal Courts Blog
Campos on Davis on Standing and State Action
Now available on the Courts Law section of JOTWELL is an essay by Sergio Campos entitled Standing (in) for the Government. Sergio reviews Seth Davis’s recent article, Standing Doctrine’s State Action Problem, 91…
New England IP Blog
False Advertising Claim Washed Away for Lack of Standing
The issue of whether a party has standing to litigate in federal court can end up sinking a lawsuit. And as one bottled-water litigant in the District of Maine recently…
Consumer products law blog
Would-be competitor lacks standing to sue for false advertising
The United States District Court for the District of Maine has held that a competitor who is "thinking" about going into business does not have Article III standing to bring a…
MoFo ReEnforcement: The Enforcement Blog
CFPB Urges SCOTUS: Hands Off That FCRA Holding
By Angela Kleine, Joanna Zdanys
Time to dust off those federal jurisdiction hornbooks! The Consumer Financial Protection Bureau (CFPB) and Office of the Solicitor General (collectively, “the government”) submitted an amicus brief to the Supreme…
Corporate & Financial Weekly Digest
District Court Dismisses Data Breach Case for Lack of Standing
The US District Court for the Middle District of Pennsylvania recently dismissed a consolidated class action against Paytime, Inc. arising out of a data breach by hackers who accessed the…
Compensation & Benefits Blog
Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits
The Fifth Circuit ruled that an out-of-network medical provider that was assigned a patient’s rights to health insurance benefits has standing to sue a health plan that underpays its portion…
Privacy and Cybersecurity
Solicitor General Opposes Supreme Court Review Of Whether A Plaintiff Has Standing Where There Is No Injury In Fact, But Only A Statutory Violation
By Pam Devata, John Drury, and Robert Szyba On March 13, 2015, the Solicitor General of the United States filed an amicus brief opposing the petition for writ of certiorari…