Topic
Standing
1,071 published works
New York Attorney Malpractice Blog
Even the Biggest Plaintiffs Must Show Proximate Cause
It's shocking to look at the list of banks which made an unsuccessful claim for professional malpractice in RGH Liquidating Trust v Deloitte & Touche LLP 2013 NY Slip Op…
Class Action Lawsuit Defense
Clapper and Data Breach Litigation
In Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under…
The Data Advisor
Clapper v. Amnesty International USA: The U.S. Supreme Court Strengthens Defendants’ Shield Against Privacy Class Actions
By Tonia Klausner, Wendell Bartnick
One of the most common and effective defenses raised by privacy class action defendants has been lack of standing. Federal courts have jurisdiction over cases only when the plaintiff has…
Class Defense Blog
Eighth Circuit Holds that a Plaintiff who Settles Individual Claims Lacks Standing to Challenge Denial of Class Certification
Here's a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot…
Class Action Countermeasures
Standing and Certification: Kennedy v. United Am. Ins. Co
By The Editors
Brenda Kennedy was hospitalized in 2009 for four days. She had an insurance policy from United American that paid benefits for each day that she spent in the hospital, and…
Environmental Law Prof Blog
Standing in Recent Environmental Cases
On Wednesday (May 15), the Environmental Law Institute is hosting a lunchtime seminar on The Future of Standing in Environmental Cases, with a great panel: F. William Brownell, Partner, Hunton &…
Sixth Circuit Appellate Blog
Sixth Circuit Reverses Dismissal of Shareholder Action
In Kepley v. Lanz , the Sixth Circuit yesterday reversed the dismissal for lack of standing of an action brought by former shareholders of a Kentucky corporation. In response to…
Texas Bankruptcy Blog
Lawsuits By The Debtor During Bankruptcy
By Bryan Fears
It is common knowledge that the Bankruptcy Code stays collection actions “against the debtor,” including lawsuits. When a bankruptcy case is filed, a temporary injunction is automatically and immediately issued…
The Trademark Blog
Link to Text of Decision in Righthaven
Righthaven's standing to bring lawsuits denied rejected; fair use holding by lower court vacated as Righthaven didn't have standing. Righthaven LLC v. Hoehn #Contracts #Copyright #IPLaw j.st/Ryw— US 9th Cir…
Fair Housing Defense
Standing and Fair Housing Testers
As has been written in this space more than once, our Fair Housing Act (FHA) prohibits a variety of discriminatory conduct concerning the sale, rental or financing of residential housing. While…