Article III Standing

News & Analysis as of

Policy Fights in the Courts: United States v. Texas

On April 18, 2016, the Supreme Court heard oral argument in a major immigration suit, United States v. Texas. This case is a highly-politicized lawsuit in which dozens of states have sued the federal government over what is...more

Credit Card Theft Plaintiffs Discover Warm Home After 7th Circuit Rulings

One of the great scourges for retail companies in the digital age has been the ever-present threat of massive data breaches by hackers attempting to steal millions of consumers ’debit and credit card information. In...more

Ninth Circuit Rejects Director Cordray's Recess Appointment as Defense to CFPB Enforcement Action; Dissenting Judge Disagrees

Since it was filed in a California federal court in July 2012, we have been following Consumer Financial Protection Bureau (CFPB) v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by...more

7th Circuit Court of Appeals finds Article III Standing for P.F. Chang’s Plaintiffs

On April 14, 2016, the Court of Appeals for 7th Circuit reinstated plaintiffs’ action against P.F. Chang’s restaurant chain that arose out of the well-reported breach of payment card information. The action was previously...more

Back at it Again (with the Standing Opinions): Seventh Circuit Reiterates Article III Standing in Data Breach Class Actions

On July 20, 2015, the Seventh Circuit issued its opinion in Remijas v. Neiman Marcus Group, 794 F. 3d 688 (7th Circ. 2015), which immediately became the low-water mark for Article III standing in data breach cases. In short,...more

Supreme Court Hears Oral Arguments in Important Immigration Case, United States v. Texas

On April 18, 2016, the U.S. Supreme Court heard oral arguments in United States v. Texas, the lawsuit challenging President Obama’s executive actions on immigration. The case concerns a program that President Obama announced...more

Third Circuit Follows Gomez on Mootness Issue, But Narrowly

In the wake of the U.S. Supreme Court's holding in Campbell-Ewald Company v. Gomez that an unaccepted Rule 68 offer of complete relief does not moot a plaintiff's individual claims, the U.S. Court of Appeals for the Third...more

Global Corporate and Transactional Highlights - March 2016

The 2016 Global Corporate and Transactional Highlights Brochure showcases various deals from across our five-continent platform over the past year. In the ninth year of this annual distribution of deal highlights, the...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

U.S. Supreme Court Rejects Nebraska and Oklahoma’s Lawsuit Challenging Colorado Recreational Marijuana Laws

In December 2014, the States of Nebraska and Oklahoma filed a motion for leave to file a complaint against the State of Colorado with the Supreme Court of the United States (SCOTUS). The motion argued, among other things,...more

Proactive Protection of Consumers or Premature Penalty? Consumer Financial Protection Bureau Bucks the Trend in Data Security...

Data breaches and cybersecurity attacks appear to be growing in frequency. Despite the increase in the number of such attacks, plaintiffs have found it difficult to establish a legal foothold for data breach claims, as...more

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim. Businesses confronting data breaches can face litigation from private consumers as well as from...more

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act....more

The Seventh Circuit Revisits Standing for Data Breach Class Actions

One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more

SuperValu Latest in Debate over Standing

Last month, a Minnesota federal judge tossed out extensive multidistrict legislation concerning a proposed class action of SuperValu shoppers. Shoppers from Illinois, Minnesota, and Idaho had alleged that the supermarket...more

Michaels Crafts Successful Motion to Dismiss in Data Breach Case

Plaintiffs continue to battle for standing in data breach cases, and another federal court recently added to a growing body of decisions helpful to companies who find themselves on the receiving end of a lawsuit after falling...more

Cybersecurity: What is on the horizon for 2016

JD Supra recently published an attorney perspective piece on defining cybersecurity issues for 2016. It should come as no surprise that resolution of insurance coverage issues made the list. Despite a plethora of data...more

"Mass Tort and Consumer Class Action Outlook: Opportunities and Challenges"

In 2016, the U.S. Supreme Court is expected to hand down several decisions addressing overbroad or “no-injury” class actions, and a number of important issues are percolating in the lower courts as well. Below are some issues...more

Supreme Court Holds Unaccepted Offers for Full Relief Do Not Moot Class Actions

Relying on “basic principles of contract law,” the Supreme Court on Wednesday held that an unaccepted settlement offer and offer of judgment under Rule 68 are “legal nullit[ies]” that have no effect on whether a live...more

Unaccepted Settlement Offer Cannot Moot Consumer Lawsuits

On Wednesday, January 20, in a 6-3 ruling, the U.S. Supreme Court held that an unaccepted settlement offer, or offer of judgment pursuant to Federal Rule of Civil Procedure 68, cannot moot a plaintiff's case. The ruling...more

Unaccepted Rule 68 Offer Does Not Moot a Plaintiff's Claims, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that an unaccepted Rule 68 settlement offer does not moot a class action even when the offer would provide the named plaintiff with complete individual relief. The decision in Campbell-Ewald...more

Supreme Court opinion in Campbell-Ewald co. v. Gomez: kicking the can down the road

Yesterday, the U.S. Supreme Court decided Campbell-Ewald Co. v. Gomez, No. 14-857. The question presented was whether an unaccepted offer of full relief on the named plaintiff’s individual claim will render a putative class...more

U.S. Supreme Court Limits Ability of Class Action Defendants to “Pick Off” Named Plaintiffs

In recent years many defendants facing putative class action lawsuits in federal court have sought to neutralize these lawsuits by offering total relief to all named plaintiffs before the district court issues a ruling on...more

Data Breach Class Action Against Michael Stores Doesn’t Stick

The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more

Think You Can Moot Plaintiff's Claim With a Rule 68 Offer of Judgment? Think Again

As we have previously noted, federal appellate courts have been split on whether a defendant can moot a class action by making a Rule 68 offer of judgment, agreeing to pay all of the damages to which the named plaintiff seeks...more

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