Topic
Standing
1,071 published works
The Appellate Strategist
Argument Report: Who Gets to Appeal Certification as a Pollution Control Facility?
By Kirk Jenkins
A major taxpayer files 28 separate applications seeking certification of various systems, methods, devices and facilities as "pollution control facilities" within the meaning of the Property Tax Code. If the applications…
Class Action Lawsuit Defense
Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach
By Judy Selby
Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN). In re Barnes…
Proskauer on Privacy
Standing in Data Breach Litigation
In a world full of electronic information (not to mention hackers and identity thieves), data breaches—the loss, theft, or unauthorized access to data—are a reality for companies that collect and…
Compensation & Benefits Blog
Oklahoma’s Challenge to Health Care Reform’s “Employer Mandate” May Proceed
By Brian Neulander, James Napoli
A federal district court recently ruled that, at the pleadings stage, Oklahoma established standing to pursue its suit to bar enforcement of the Affordable Care Act’s (“ACA”) shared responsibility penalty…
The Charge
Has the Supreme Judicial Court Disavowed Automatic Standing for Possessory Offenses?
By thechargevln-thecharge-blogspot-com
Massachusetts courts decided long ago that where a possessory offense is charged, a defendant has automatic standing to challenge evidence. In a recent case, the Supreme Judicial Court seemed to…
Massachusetts Land Use Monitor
House In Spooner Road Case Goes Up In Smoke
By Donald Pinto
The Brookline house at the center of a zoning controversy that resulted in an important 2010 Appeals Court decision (pdf) on nonconforming uses, "infectious invalidity" and standing, which in another important decision (pdf) was partiallly…
New Jersey Law Blog
Appelate Division Finds That Contract Purchaser Has Standing to File a Real Estate Tax Appeal
I previously wrote a blog discussing a case where the New Jersey Tax Court found that a contract purchaser who did not own the property on date the tax appeal…
Civil Procedure & Federal Courts Blog
SCOTUS Decisions in Same-Sex Marriage Cases: Lots on Article III and Standing
By Civil Procedure & Federal Courts Blog
This week the Supreme Court issued its much-anticipateddecisions in Windsor v.United States (on the federal Defense of Marriage Act) and Hollingsworthv. Perry (on California’s Prop. 8). Both cases presented significant…
Environmental Law Prof Blog
A few initial thoughts on Windsor (and Massachusetts v. EPA)
Today's blockbuster isn't an environmental case. But as I read through the Court's opinion, I found myself thinking of Massachusetts v. EPA. Both cases, on their face, turn on the…
Delaware Intellectual Property Litigation
Judge Robinson Grants Defendants’ Motions To Dismiss Four Patent Infringement Actions Filed by Walker Digital Based on Lack of Standing
By Memorandum Opinion entered by The Honorable Sue L. Robinson in Walker Digital, LLC v. Expedia, Inc., et al., Civil Action Nos. 11-313-SLR, 12-140-SLR, 12-141-SLR and 12-142-SLR (D.Del., June 19, 2013), the Court…