Article III Standing

News & Analysis as of

U.S. Supreme Court Rules WARN Claimants/Workers Must Get Priority Over Other Unsecured Creditors In Bankruptcy

Seyfarth Synopsis: A bankruptcy court overseeing an employer’s Chapter 11 bankruptcy proceeding allowed the employer to pay certain unsecured creditors before paying Worker Adjustment And Retraining Notification Act (“WARN”)...more

Recent Circuit Court Opinions Offer Guidance on Challenging the Standing Requirement for Plaintiffs in Data Breach Cases

By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the...more

District Court Grants Motion To Dismiss Because FCRA Plaintiff Failed To Allege Concrete Injuries

On March 1, 2017, the United States District Court for the District of Minnesota granted a motion to dismiss a lawsuit predicated on alleged violations of the Fair Credit Reporting Act (“FCRA” or the “Act”). If a person...more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

Ohio State and Federal Courts Find No Standing to Assert Technical Violations of the FCRA’s Background Check Disclosure...

Ohio courts have recently weighed in on a hotly litigated issue related to procurement of background checks on current or prospective employees: do employees have standing to sue employers where the employer fails to provide...more

Real Property & Title Insurance Update: Weeks Ending March 10 & 17, 2017

REAL PROPERTY UPDATE - Coequal Liens: trial court properly authorized tax collector to issue tax certificates subject to community development district’s assessment liens – Villages of Avignon Community Dev. Dist. v....more

Offers You Make May be Used against You: Free Credit Monitoring and Standing in Data Breach Cases

It’s become an unfortunate rite of passage for the modern age: the receipt of a letter from a company explaining that one’s personal information been lost or stolen in a data breach. The letter usually offers to...more

Chancery Court Holds That Squeezed Out Stockholders Lack Standing to Compel Inspection under DGCL § 220

On February 27, 2017, the Delaware Court of Chancery addressed an important matter of first impression under Delaware law: "Must a plaintiff seeking corporate records under Section 220 of the Delaware General Corporation Law...more

Consumer Financial Services Newsletter - March 2017

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more

Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector

The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare.  A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future...more

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures falls short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

On March 1st, Florida’s Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney’s fees. The...more

Delaware Court of Chancery Holds that Cancellation of Shares Through Merger Deprives Stockholder of Standing in Section 220 Action

In Weingarten v. Monster Worldwide, Inc., C.A. No. 12931-VCG, 2017 WL 752179 (Del. Ch. Feb. 27, 2017), the Delaware Court of Chancery (Glasscock, V.C.) clarified when a plaintiff has standing to vitiate inspection rights...more

Law Firm Sued for Alleged Lax Data Security Obtains Significant Win in District Court

Back in December of last year, we reported that for the first time, a U.S. law firm – Johnson & Bell, a mid-sized Chicago firm – was publicly named in a class action data security lawsuit. Last month, the firm obtained a...more

District Court Opinion Highlights Effect of Spokeo on FDCPA Claims

A recent district court opinion from Michigan makes clear that statutory violations of the FDCPA do not absolve a plaintiff from the need to show a concrete injury in order to establish Article III standing. In Johnston v....more

Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit

Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc.,...more

District Court Rules That Statutory Violation Without Actual Damages Counts As Injury In Fact For Article III Standing

On February 15, 2017, the United States District Court for the Eastern District of Michigan denied Time Inc.’s (“Time”) motion to dismiss a lawsuit predicated on Michigan’s Video Rental Privacy Act (the “Act”). According to...more

Article III Injury-in-Fact Required to Appeal PTAB Final Written Decision in IPR

Addressing the legal standard for demonstrating standing in an appeal from a final agency decision, the US Court of Appeals for the Federal Circuit concluded that petitioners must have Article III standing to appeal a Patent...more

Eleventh Circuit: (1) Mere Procedural Violation Insufficient for Article III Standing and (2) Certified Return Receipt Sufficient...

Since Spokeo v. Robins, 136 S. Ct. 1540 (2016), as revised (May 24, 2016), the consumer finance industry has continued to refine what it means to allege a concrete injury in fact and to meet Article III case and controversy...more

Spokeo Argument After Removal to Federal Court Creates Double-Edged Sword for Defendants

After the U.S. Supreme Court's decision in Spokeo, Inc. v. Robbins last year, many defendants have perceived the assertion of a standing argument as a potential panacea when confronted with federal statutory claims in which...more

Court Of Appeals Affirms Dismissal Of “Shadow Insurance” Lawsuits

In a summary order, the United States Court of Appeals for the Second Circuit has affirmed the dismissal of two “shadow insurance” putative class action lawsuits against Axa Equitable Life Insurance and Metropolitan Life...more

Employment Law - February 2017

Ninth Circuit Sends Employment Dispute to Arbitration - Why it matters - The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration, reversing a denial of the employer's motion to...more

442 Results
|
View per page
Page: of 18
Cybersecurity

"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:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×