News & Analysis as of

Appeals FACTA

Allen Barron, Inc.

The Step Doctrine and How it Applies to IRS, State, and California Tax

Allen Barron, Inc. on

It is important to understand the step doctrine and how it applies to IRS audits and state tax investigations, including California tax audits. The "step doctrine" is a concept not directly found in federal or California...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more

King & Spalding

En Banc Eleventh Circuit Vacates Order Approving Class Settlement, Holding that Plaintiff Lacked Article III Standing Where Bare...

King & Spalding on

On October 28, 2020, the en banc Eleventh Circuit reversed the Northern District of Georgia’s approval of a class settlement, holding that the settlement was invalid because the named plaintiff did not have standing to sue...more

King & Spalding

En Banc Eleventh Circuit to Address FACTA Standing Issues in Context of Class Settlement

King & Spalding on

On October 4, the Eleventh Circuit agreed to review en banc a panel decision holding that a consumer’s heightened risk of identity theft is enough to establish Article III standing. Named plaintiff David Muransky filed a...more

King & Spalding

Eleventh Circuit Creates Circuit Split on Article III Standing and Confirms that Class Members Who Object to a Class Settlement...

King & Spalding on

On April 22, 2019, the Eleventh Circuit held in Muransky v. Godiva Chocolatier, Inc. that a plaintiff who claimed to have suffered a heightened risk of identity theft when the defendant printed a receipt containing too many...more

Ballard Spahr LLP

11th Circuit Deepens Circuit Split on Standing: Holds FACTA Violation Creates Concrete Injury Based on Inherent Risk of Real Harm

Ballard Spahr LLP on

Last month, the U.S. Court of Appeals for the 11th Circuit issued an opinion in Muransky v. Godiva Chocolatier, Inc., which, sua sponte, vacated and reissued its earlier ruling in the same case: that consumers have standing...more

Bradley Arant Boult Cummings LLP

The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

Bucking a recent trend and departing from both the Second Circuit’s Katz decision and the Third Circuit’s Kamal decision, the Eleventh Circuit found that a plaintiff had standing to settle a FACTA claim on behalf of a class....more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Ballard Spahr LLP

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

Ballard Spahr LLP on

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Fenwick & West LLP

Third Circuit Holds Procedural FACTA Violation Insufficient to Establish Standing

Fenwick & West LLP on

The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair and Accurate Credit Transactions Act (FACTA), such as the...more

Troutman Pepper

Third Circuit Finds That No Real Risk of Harm Means No Article III Standing

Troutman Pepper on

The U.S. Court of Appeals for the Third Circuit recently held, for the first time, that a mere procedural violation of a statute does not present the material risk of harm that a plaintiff must allege to establish Article III...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Carlton Fields

The Bitter And The Sweet

Carlton Fields on

On October 3, the Eleventh Circuit Court of Appeals affirmed the district court’s approval of a class settlement, an award of attorney’s fees to class counsel, and the provision of an incentive award for the class...more

Fenwick & West LLP

Appellate Court Joins Growing Chorus Finding That Procedural FACTA Violations on Their Own Are Insufficient for Standing

Fenwick & West LLP on

In keeping with its recent decision in Bassett v. ABM Parking Services, the U.S. Court of Appeals for the Ninth Circuit held in Noble v. Nevada Checker Cab (March 9, 2018) that alleged procedural violations of the Fair and...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Fenwick & West LLP

Litigation Alert: The Seventh Circuit Limits Standing For Lawsuits Under The Fair And Accurate Credit Transactions Act

Fenwick & West LLP on

This week, in Meyers v. Nicolet Rest. of de Pere, LLC, No. 16-2075 (7th Cir. Dec. 13, 2016), the Seventh Circuit narrowed standing to bring lawsuits under the Fair and Accurate Credit Transactions Act (FACTA) in holding that...more

17 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide