Article III Standing

News & Analysis as of

No deference for CFPB amicus brief from Ninth Circuit

Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether a plaintiff who brings a...more

The ERISA Litigation Newsletter - August 2015

Editor's Overview - As the summer draws to a close, this month's Newsletter previews three cases that the U.S. Supreme Court already has agreed to hear that ought to be of particular interest to ERISA plan sponsors and...more

United States District Court: Mortgagor Lacks Standing to Bring RESPA Claim

On August 11, the U.S. District Court for the District of New Hampshire rejected the addition of a potential RESPA claim to plaintiff’s complaint due to lack of standing, and the court dismissed the remaining counts for...more

Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more

First Circuit Weighs In On Rule 68 Mootness Issue

In a decision issued on August 21, 2015, the First Circuit added its voice to the recent chorus of federal appellate courts holding that an unaccepted Rule 68 offer of judgment, served before a motion for class certification...more

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

The Ray Charles’s Foundation Doesn’t Have to “Hit the Road Jack”: Ninth Circuit Permits Foundation to Challenge the Validity of...

On July 31, 2015, the Ninth Circuit reversed the Central District of California’s dismissal of an action brought by the Ray Charles Foundation, seeking, among other things, a judicial determination of the validity and...more

Seventh Circuit Finds Article III Standing for Data Breach Class Action Based on Allegations of Future Harm

In the wake of numerous data breach cases dismissed for lack of Article III standing based on the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), the Seventh Circuit Court of Appeals...more

Spokeo, Inc. v. Robins: Petitioner Argues If There Is No Actual Injury-in-Fact, Plaintiff Lacks Standing to Sue

Following the U.S. Supreme Court’s grant of certiorari on April 27, 2015 in Spokeo, Inc. v. Robins, No. 13-1339, the Petitioner has weighed in with their brief. As you may recall, the question before the Court has the...more

Industry Players Weigh In on Spokeo

A few months ago, we reviewed the U.S. Supreme Court’s decision to grant certiorari in Spokeo, Inc. v. Robins, and the implications that a ruling in the case will have on the landscape of litigation under privacy...more

Ray Charles Foundation v. Robinson - USCA, Ninth Circuit, July 31, 2015

Ninth Circuit reverses lower court’s dismissal for lack of standing of action brought by Ray Charles Foundation, finding that Foundation, sole beneficiary of music legend’s estate, had standing to challenge validity of...more

Neiman Case a Harbinger For Data Breach Cases? Not So Fast

Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or...more

Hacked Class Can Sue Pre Injury

Last week, a three-judge panel of the 7th U.S. Circuit Court of Appeals held in Remijas v. Neiman Marcus Group LLC that individuals whose debit and credit card numbers were stolen by cyberthieves who had hacked into Neiman...more

Federal Court Dismisses Putative Class Action Accusing Life Insurer Of Failing To Disclose “Shadow Insurance”

Plaintiffs alleged that AXA Equitable Life Insurance Company violated New York insurance law prohibiting misrepresentations by insurers of their financial condition, because AXA had not disclosed “shadow transactions” in its...more

Does Free Credit Monitoring Do More "Harm" Than Good?

The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing. ...more

Standing after Neale: Third Circuit Clarifies Jurisdictional Standing and Predominance Analysis in Consumer Class Actions

On July 22, 2015, in Joanne Neale, et al. v. Volvo Cars of North America, LLC, et al., the Court of Appeals for the Third Circuit vacated and remanded the United States District Court for the District of New Jersey’s decision...more

Eighth Circuit: Purpose, Not Content, Determines TCPA Coverage of Calls as “Telemarketing”

Phone calls made to promote a movie constituted “telemarketing” under the Telephone Consumer Protection Act (TCPA) even though the two prerecorded messages left on the plaintiffs’ home phone line made no reference to the...more

Data Breach Plaintiffs Bag a Win on Standing - Seventh Circuit Finds Against Neiman Marcus

In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more

Seventh Circuit Green Lights Data Breach Class Action Against Neiman Marcus

An increase in data breach class actions could be the result of a recent decision of the Seventh Circuit holding that allegations of future harm stemming from a data breach can establish Article III standing. The majority of...more

Insights from DRI Class Action Seminar 2015 – Part 2

Andrew Pincus, lead counsel in Spokeo, Inc. v. Robins (to be decided by the Supreme Court next Term, see my May 1, 2015 blog post), spoke on this subject. The question presented is whether a federal statute can confer...more

Seventh Circuit Allows Data Breach Class Action to Proceed Against Neiman Marcus, Despite Lack of Current Harm to Credit Card...

Data breaches are often followed by class action suits in which the affected individuals seek damages. Corporations defending against such suits have used a 2013 Supreme Court case, Clapper v. Amnesty International, 133 S....more

Barbarians at the Gate: Seventh Circuit Finds Article III Standing for Data Breach Class Actions

As a result of the Supreme Court’s decision in Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138, 1147 (2013), data breach class actions were largely considered dead in the water. The overwhelming majority of courts, relying...more

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