Topic
Standing
1,071 published works
Class Action Lawsuit Defense
Clapper Again Stymies Data Breach Class Action
By Judy Selby
Editor's Note: This blog post is a joint submission with BakerHostetler's Data Privacy Monitor blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by…
Class Action Lawsuit Defense
Data Breach Class Action Standing Post-Clapper
Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court's decision in Clapper: "No Data Misuse? No Standing…
Constitutional Law Prof Blog
D.C. Circuit: No Standing to Sue EPA for (lack of) Carbon Monoxide Regs
Steven D. Schwinn, John Marshall Law SchoolThe D.C. Circuit ruled today in Communities for a Better Environment v. EPA that a group of environmental organizations lacked standing to sue the…
Sixth Circuit Appellate Blog
Supreme Court Hands Down Rulings in Trio of Sixth Circuit Cases
By Lauren Kuley
It’s been a busy week at the high court for the Sixth Circuit. The Supreme Court handed down three decisions in Sixth Circuit cases – among them, the unanimous affirmance…
Incontestable Blog
Supreme Court Creates New Test for Standing for False Advertising Claims
By Margaret A. Esquenet Anna B. Naydonov
After hearing arguments in December 2013, the Supreme Court has decided a three-way split amongst the United States Courts of Appeal regarding the appropriate test for prudential standing in Lanham…
The Trademark Blog
Lexmark: Standing Under 43(a) False Advertising: “Zone of Interests” plus “Proximate-Cause”
First, a shout out to Prof Tushnet, of 43(b)log, whose article is cited with approval in this case. Lexmark manufactures toner cartridges. Cartridges can be re-filled by 're-manufacturers', so Lexmark…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Decision in Lexmark v. Static Control: Some Interesting Bits on Standing and Iqbal
The Supreme Court issued a unanimous decision today in Lexmark International, Inc. v. Static Control Components, Inc. It’s principally a Lanham Act case, but Justice Scalia’s opinion has some interesting…
Nonprofit Law Prof Blog
A Little Precision Might be a Good Idea (CREW vs. Treasury)
When the Center for Responsibility and Ethics filed a petition seeking mandamus earlier this year, John Columbo predicted that the case would be dismissed for lack of standing. And in…
The Appellate Strategist
Illinois Supreme Court Debates Jurisdiction Over Pension Dispute
By Kirk Jenkins
The Illinois Supreme Court seemed conflicted during an extremely active oral argument in late January in the high-profile pension case People ex rel. Madigan v. Burge. Burge poses the following issue:…
Inside Privacy
Federal Court Dismisses Data Breach Suit Alleging Only Speculative Harms
On Monday, February 12, a Southern District of Ohio district court dismissed two proposed class actions relating to an October 2012 Nationwide Mutual Insurance Co. data breach. Galaria v. Nationwide…