Article III Supreme Court of the United States Standing

News & Analysis as of

Post-‘Spokeo’ Standing for Consumer Class Actions a Struggle

Federal courts have varied widely in their interpretation of standing for plaintiffs in consumer protection class actions since last year’s U.S. Supreme Court decision in Spokeo v. Robins , __ U.S. __, 136 S.Ct. 1540 (May 16,...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Judge Gorsuch on Class Actions

On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

January 2017: Class Action Update

Spokeo’s Impact: A Potent but Mercurial Class Action Gatekeeper. The Supreme Court’s May 2016 decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540(2016), as revised (May 24, 2016), promised to rein in the wave of class actions...more

Supreme Court Update: Lightfoot V. Cendant Mortgage Corp. (14-1055)

Greetings, Court Fans! For those of you who spent the last six months (since cert was granted in Lightfoot v. Cendant Mortgage Corp. (No. 14-1055)) just dying to know whether the sue-and-be-sued clause in Fannie Mae's...more

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

Spokeo Remand Argument Highlights Inconsistent Interpretations of High Court Holding

On December 13, 2016, the Ninth Circuit heard oral argument in Robins v. Spokeo (No. 11-56843) on remand from the Supreme Court. We wrote extensively (here, here, and here) about Spokeo before and after the Supreme Court’s...more

The Supreme Court’s New Church Plan Cases — How They Might Affect ERISA Litigation Generally

Seyfarth Synopsis: The Supreme Court’s grant of certiorari in three Church Plan cases presents the possibility that many Church Plans thought for years to be exempt from ERISA rules, including its funding rules, will now have...more

U.S. Supreme Court Denies U.S. Forest Service’s Petition for Review in Canadian Lynx Case

On October 11, 2016, the U.S. Supreme Court denied the U.S. Forest Service’s (“Forest Service”) petition for writ of certiorari to review the U.S. Court of Appeal for the Ninth Circuit’s decision in Cottonwood Environmental...more

Spokeo, Inc. v. Robins and the TCPA: The Fallout is as Clear as “Concrete”

In the wake of Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (May 16, 2016), the Supreme Court decision that had the chance to be legendary, but instead settled for punting back to the Ninth Circuit Court of Appeals, we are left...more

Trending Now: Article III Standing After Spokeo

In Spokeo, Inc. v. Robins, the Supreme Court clarified the requirements necessary for plaintiffs to establish standing. The Court held that an allegation of a statutory violation, without some showing of concrete harm, is...more

Top Privacy Cases of 2016: Midyear Report

Law360, New York (July 1, 2016, 12:12 PM ET) -- The U.S. Supreme Court made a big splash this year establishing a murky threshold for standing that has already been widely cited by both sides of the bar, while consumers...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...more

A Setback to Businesses: Courts in the Eleventh Circuit in a Post-Spokeo World

When the Supreme Court issued its ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 194 L. Ed. 2d 635 (2016), earlier this year, it was received by compliance professionals with mixed reactions. Many were thrilled with the...more

Supreme Court’s Spokeo Decision Leaves Questions Unresolved

On May 16, the Supreme Court issued its Spokeo v. Robins decision. Spokeo was a closely-watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for violations of...more

District Court Holds Professional Plaintiff Lacks Article III Standing to Bring TCPA Action Under Supreme Court’s Spokeo, Inc. v....

Following the Supreme Court’s ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. May 16, 2016), it is clear that “Article III standing requires a concrete injury even in the context of a statutory violation,” such that a...more

Who’s Still “Standing” Following Spokeo, Inc. v. Robins?

From the first month of district court decisions issued since the United States Supreme Court decided Spokeo, Inc. v. Robins, No. 13-1339, 2016 WL 2842447, *3 (U.S. May 16, 2016), it appears the needle on Article III standing...more

Spokeo—New Hope for Defending Against ERISA Claims?

Last month, the Supreme Court of the United States issued its decision in Spokeo, Inc. v. Robins, No. 13–1339 (May 16, 2016). Spokeo involved a lawsuit brought under the Fair Credit Reporting Act of 1970 (FCRA). ...more

Supreme Court’s “Standing” Ruling in Spokeo and Its Impact on Pending and Future Litigation

The U.S. Supreme Court recently issued its much-anticipated ruling in Spokeo v. Robins, in which the Court considered whether Congress can confer Article III standing on a plaintiff to bring an action based on an alleged...more

Financial Services Report, Summer 2016

BELTWAY - Every Last Penny Counts - Five federal banking agencies issued a Supervisory Bulletin titled “Interagency Guidance Regarding Deposit Reconciliation Practices” (the “Guidance”). The Guidance outlines...more

Who Can Sue Under the Fair Credit Reporting Act? A Claimant Must Now Have a Concrete Injury to Go to Court

On May 16, 2016, the U.S. Supreme Court issued an opinion in the closely watched case Spokeo, Inc. v. Thomas Robins et al., addressing the issue of standing under the Fair Credit Reporting Act (FCRA). The Court held that in...more

Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions

In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal...more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

Spokeo – Half a Loaf, Maybe More, from the Supreme Court

We can’t stand no-injury class actions – those that allege only “I got exactly what the product I paid for, and wasn’t hurt, but for X reason I paid ‘too much’ for it.” Such litigation is a waste of time and money, and is...more

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