Topic
Standing
1,072 published works
Ohio Appellate Insights
Oral Argument Preview: More Procedural Issues on Standing in Foreclosure Cases. Wells Fargo Bank, N.A. v. Brian T. Horn, et al.
Update: On April 22, 2015, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read an analysis of the oral argument here.…
Class Defense Blog
Standing Without Injury? Washington Legal Foundation Webinar Addresses “No-Injury” Class Actions
The Supreme Court is currently considering a petition for certiorari in Spokeo Inc. v. Robins (pdf), which raises the question whether Congress may confer Article III standing upon a plaintiff who…
Product Liability & Mass Torts Blog
First Circuit Deals a Blow to Speculative Risk Class Actions
Speculative risk of future injury is not enough to support a class action claim according to a recent decision from the First Circuit. On November 4, 2014, the First Circuit affirmed…
CEQA Developments
Fourth District Addresses CEQA Issues Concerning Standing, Mitigation,Baseline, Piecemealing, And Responses To Comments In Affirming Judgment Upholding Perris Dam Remediation Program EIR
In a published decision filed October 31, 2014 (Paulek v. California Department of Water Resources (4th Dist., Div. 2, 2014) 231 Cal.App.4th 35, Case No. E060038), the Fourth District Court of…
CAFA Law Blog
Plaintiff Cannot Maintain CAFA Jurisdiction Where Amount Stated In Controversy Isn’t Really in Controversy
Reilly v. Amy’s Kitchen, Inc., 2014 WL 905419 (S.D. Fla. March 7, 2014). A District Court in Florida dismissed the plaintiff’s complaint finding that the general rule for CAFA jurisdiction…
Civil Procedure & Federal Courts Blog
Standing, Subject Matter Jurisdiction, and Rule 60(b)
The Supreme Court of Ohio issued an interesting decision last week involving standing, subject matter jurisdiction, and whether they can be challenged via Ohio Rule 60(b) after the opportunity for…
Ohio Appellate Insights
Merit Decision: Standing and Subject Matter Jurisdiction. A Field Day for Civil Procedure Geeks. Bank of Am., N.A. v. Kuchta
On October 8, 2014, the Supreme Court of Ohio handed down a merit decision in Bank of Am., N.A. v. Kuchta, 2014-Ohio-4275. In a 5-2 opinion written by Chief Justice…
Consumer products law blog
Purchase one product, sue for them all?
An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional…
Employer Law Report
The latest surge in data breaches highlight key takeaways for employers
By Brian Hall
The recent data breaches at Target, Home Depot, and Jimmy John’s have kept data privacy and security in the news lately. But from a legal perspective, there has never been much…
Education Law Prof Blog
New Hampshire Supreme Court Reinstates Tuition Tax Credit Program But Avoids Law’s Constitutionality
A unanimous New Hampshire Supreme Court rejected a challenge last week to the state’s tuition tax credit law but side-stepped the issue of its constitutionality. The state supreme court dismissed…