Topic
Standing
1,071 published works
Technology Law Dispatch
No Harm, Big Foul: With Spokeo, Ninth Circuit Finds Willful FCRA Violation Is Sufficient for Suit, With or Without Actual Injury
By Paul Bond, Christine Nielsen Czuprynski
On February 4, the Ninth Circuit ruled that a plaintiff need not show actual harm to have standing to sue under the Fair Credit Reporting Act (FCRA); a violation of…
Privacy Compliance & Data Security
Are Plaintiffs in Data Breach Cases Gaining Ground?
On January 21, 2014, the United States District Court for the Southern District of California announced a significant ruling for plaintiffs in data breach cases (Case No. 3:11-02258). Although the Court…
Civil Rights Law & Policy Blog
NYPD’s stop-and-frisk program dead?
In New York City's Stop-And-Frisk Appeals Are Still Alive—appearing on Brooklyn Law School's Jounral of Law & Policy website Practicum—Professor Katherine Macfarlane argues that it's not. According to Professor Macfarlane, the program could…
Antitrust Law Blog
Plaintiffs Hit an <i>Illinois Brick</i> Wall: Indirect Purchasers of iPhone Apps Lack Standing to Bring Antitrust Suit
On December 2, 2013, United States District Judge Yvonne Gonzalez Rogers of the Northern District of California dismissed a case against Apple brought by a putative class of consumers who…
Virgin Islands Law Blog
Standing Needed to Bring Suit in Federal Court for the U.S. Virgin Islands
Federal Rule of Civil Procedure Rule 12(b)(1) concerns a court's subject matter jurisdiction to hear a case. You can not just bring a lawsuit where you want against someone because…
Class Action Lawsuit Defense
When is the Proper Time To Challenge Standing in Class Actions? New Jersey Says To Wait Until Class Certification.
On Monday, a New Jersey federal judge denied a motion to dismiss for lack of standing in a deceptive marketing class action in which the named plaintiffs had not purchased…
New York Attorney Malpractice Blog
Standing and Documents in Legal Malpractice
Small closely held corporations abound in New York, and they present a special issue for the principal of standing in legal malpractice. Who actually hired the attorney...was it the president…
Consumer Class Defense Blog
How To Tell A Mountain From A Molehill: Ninth Circuit Ponders Article III’s “Injury-In-Fact” Requirement In FCRA Case
“Injury-in-fact is not Mount Everest,” Supreme Court Justice Samuel Alito once opined. The threshold to establish constitutional standing -- which requires that plaintiffs establish an “injury-in-fact” -- is low; so…
Environmental Law Prof Blog
Standing to Challenge EPA’s Coal-Fired Power Plant Regulations
Dan Farber has a new post on Legal Planet in which he argues that the coal industry and electric utilities will lack standing to challenge EPA’s new source performance standards…
Delaware Chancery Law Blog
Section 225: Who Has Standing to Bring Such Actions
In asserting an action under Section 225 of the Delaware General Corporation Law (the "DGCL") to determine the proper board composition of a Delaware corporation or its officers, a question may…