Article III

News & Analysis as of

Federal Court Rejects Controversial Attempt To Expand Class Action Liability

In a putative class action in federal court, the U.S. District Court for the District of New Jersey quickly put to rest a controversial theory advanced by the plaintiffs to allow them to sue defendants who admittedly caused...more

Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

Supreme Court Denies Certiorari for Standing to Sue under the Electronic Fund Transfers Act

The United States Supreme Court declined to grant certiorari to decide whether Congress had the authority to confer Article III standing to sue when the plaintiff suffers no concrete harm and alleges as an injury based on a...more

The Labors of Hercules: Federal District Court in Washington Rejects Free Removability of General Maritime Law Claims Under 28...

As reported in two prior posts (The Removal of the Ancient Mariner - The Developing Jurisprudence Allowing Removal of General Maritime Law Claims under the Recent Amendments to 28 U.S.C. §1441(b) and The Removal of the...more

Cert Petition Asks Supreme Court To Decide Whether Congress Can Allow Uninjured Plaintiffs To Sue In Federal Court

For years, defendants have argued that federal courts may not entertain class-action lawsuits when the plaintiff does not allege that he or she suffered any concrete personal harm and instead relies solely on an “injury in...more

Willful Fair Credit Reporting Act Violation Confers Article III Standing

Whether they would admit it or not, most people have probably at some point searched for their own name in a search engine. Often the results illustrate how much personal information has been scraped and aggregated by...more

Potential Liability for Wrongful-Birth Claims

On Nov. 14, 2012, in Sernovitz v. Dershaw, 2012 Pa. Super. 248 (Pa. Super. Ct. 2012), the Pennsylvania Superior Court held that 42 Pa.S.C.A. § 8305, which prohibited the tort claims of wrongful birth and wrongful life, was...more

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

Ninth Circuit Rules Against Spokeo on FCRA Claim

On February 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act (the...more

Consumer Watchdog Replies to United States Brief on Standing Issue

In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences...more

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

Revisiting the Concept of Prudential Standing: In re Ampal-American Israel Corp.

It is well recognized that there are penalties for violating the automatic stay. It does not follow, however, that any entity may seek to enforce the automatic stay. Recently, the United States Bankruptcy Court for the...more

United States Argues That Consumer Watchdog Lacks Standing to Appeal Board Decision on WARF Patent

In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences...more

Privacy Class Action – Article III Standing – 2013 Outlook

For a number of years, the key issue in data privacy class actions has been whether plaintiffs could allege damages sufficient for standing purposes or to state a claim for relief. Several key decisions addressed the issue in...more

"The Weakest Link For Climate Change Plaintiffs"

In a case seeking to compel the Washington Department of Ecology and two regional agencies in the state of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit Court of Appeals ruled that the...more

CFPB files second amicus brief in First American RESPA case

Last year, many observers were disappointed when the U.S. Supreme Court dismissed the appeal in First American Financial Corp. v. Edwards, the case that presented the issue of whether a plaintiff who brings a RESPA claim has...more

Ninth Circuit Rules That Plaintiffs Lack Standing To Compel State Agencies To Regulate Greenhouse Gas Emissions

In a case seeking to compel the Washington State Department of Ecology and two regional agencies in the State of Washington to regulate greenhouse gases under the Clean Air Act, the Ninth Circuit ruled that the environmental...more

Activision TV: District Court Expresses Concern over Nebraska Attorney General's Cease and Desist Order and Grants Preliminary...

In the ongoing battle between Activision TV, Inc. ("Activision") and the Attorney General for the State of Nebraska, Activision filed a preliminary injunction motion seeking to bar the Attorney General from enforcing a cease...more

Federal Court Dismisses Action Brought by Data Breach Plaintiffs for Failure to Demonstrate Injury Under Clapper

On September 3, 2013, the U.S. District Court for the Northern District of Illinois dismissed a class action complaint arising from a credit card “skimming” attack suffered by Barnes & Noble in 2012. U.S. District Judge John...more

U.S. Court of Federal Claims Awards Federal Judges Back Pay, With Interest

Four years, eight judicial opinions, and a trip to the Supreme Court later, the CFC—on remand from the Federal Circuit’s decision finding liability—has finally ruled on what back pay the federal judges can recover. Beer v....more

Genesis Healthcare v. Symczyk: Nearly as Many Questions as Answers

When the petition for certiorari in Genesis Healthcare Corp. v. Symczyk was granted, it appeared that the Supreme Court was poised to resolve a clear split in the Circuits about the permissibility of “pick off” moves, at...more

Supreme Court's New Ruling May Bolster Defense of Data Breach and Privacy Cases

In Clapper v. Amnesty International, 568 U.S. 2013, the United States Supreme Court upheld the strict requirements under Article III for a plaintiff to have standing to sue in privacy cases. Rejecting Respondents' arguments...more

In Clapper v. Amnesty International, Supreme Court Dismisses Privacy Suit for Lack of Article III Standing: Poses a Clear and...

In 2008, the Foreign Intelligence Surveillance Act (FISA) was amended, broadening the surveillance powers of the federal government with respect to communications outside of the United States. In Clapper v. Amnesty...more

In Fontainebleau Appeal, Eleventh Circuit Confirms That Term Lenders Lack Standing To Enforce Revolving Lenders’ Commitments

Last week, the Eleventh Circuit Court of Appeals held that lenders in syndicated credit facilities do not have standing to enforce the funding commitment that other lenders owe to the borrower in the absence of specific...more

The United States Court of Appeals for the Second Circuit Rejects Aiding and Abetting Liability for Civil Damage Claims Under the...

The United States Court of Appeals for the Second Circuit issued an opinion on February 14, 2013, holding that the civil liability provision of the Anti-Terrorism Act of 1990, 18 U.S.C.§ 2333(a) (the “ATA”) does not permit...more

32 Results
|
View per page
Page: of 2