Standing

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 5/17/2013

Readers of this blog will recall the bizarre history of Comer v. Murphy Oil. In 2005, Plaintiffs brought tort claims against major GHG emitters, claiming that those emissions, by causing global warming, led to plaintiffs’...more

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

by Gary Mouw | Varnum LLP on 5/16/2013

In 2011, the Michigan legislature enacted laws barring sexually oriented businesses from displaying signs on premises, or off-site billboards, that contain more than "words or numbers." See MCL §§ 125.2833 and 252.318a. ...more

Supreme Court To Decide If It Will Decide Whether Section 16 Plaintiff Has Constitutional Standing

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/15/2013

No Harm, No Foul - The late Lakers broadcaster Chick Hearn was known for coining or popularizing numerous basketball expressions, including “air ball” and ”no harm, no foul”. Now, the U.S. Supreme Court may soon...more

DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit [Video]

by Bloomberg Law on 5/14/2013

May 14 (Bloomberg) -- Eric Lasker, partner at Hollingsworth LLP, talks with Bloomberg Law's Spencer Mazyck about successfully defending DynCorp International Inc. in U.S. federal court litigation with several thousand...more

Whose Standing Is It, Anyway?

by Andrea Smith | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/13/2013

Does the trustee of a revocable trust ever have a duty to account to the remainder beneficiaries of the trust? The Supreme Court of California says yes, but not until after the death of the settlor. In a recent decision, In...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

by Joseph S. Adams, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 5/7/2013

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

NY Appellate Court Holds CIFG and Syncora Lack Standing in $1.8 Billion MBS Suit

by Orrick - Structured Finance Group on 4/30/2013

On April 25, the First Department of the Appellate Division of the New York Supreme Court affirmed an order barring monoline insurers CIFG and Syncora from suing GreenPoint Mortgage Funding for alleged violations of...more

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

by Peter Hsiao, Sue Landsittel, William Sloan | Morrison & Foerster LLP on 4/25/2013

A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

by Mark Adelman | Partridge Snow & Hahn LLP on 4/23/2013

The Massachusetts Supreme Judicial Court, in HSBC Bank USA, N.A., Trustee v. Jodi B. Matt, No. 11101 (Jan. 14, 2013), recently clarified the issue of standing for both plaintiffs and defendants in actions under the...more

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

by F. Paul Pittman | Sedgwick LLP on 4/8/2013

As the saying goes, “You never really know what you’ve got ’til it’s gone.” For class plaintiffs seeking redress for the unauthorized collection of their personal information (PI), it’s their claims that courts have allowed...more

Intellectual Property Bulletin - Winter 2013

by Ewa Davison, R.J. Heher, David Marty, David Tellekson, Jedediah Wakefield, Elizabeth White, Lauren Whittemore, Sean Wikner | Fenwick & West LLP on 4/4/2013

In This Bulletin: - Just Moot It: Supreme Court in Already v. Nike Clarifies When a Covenant Not to Sue Can Kill a Declaratory Judgment Case - Murky Waters: Post-Approval Regulatory Activities and the §...more

Standing: An Affirmative Defense To Mortgage Foreclosure

by Schecter Law on 4/1/2013

To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing...more

Carsanaro, et al. v. Bloodhound Tech., Inc. et al., C.A. No. 7301-VCL (Del. Ch. Mar. 15, 2013) (Laster, V.C.)

by Potter Anderson & Corroon LLP on 3/28/2013

In this Opinion, the Court of Chancery denied, in large part, defendants’ motion to dismiss plaintiffs’ claims challenging several allegedly self-interested and dilutive transactions....more

Will Supreme Court Punt on Gay Marriage Case?

by Aaron Kase | Lawyers.com on 3/27/2013

The U.S. Supreme Court today heard arguments in a case that could potentially grant marriage rights to gay couples in all 50 states, but the justices indicated that they would punt the issue instead....more

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

by Amelia Gerlicher, James McCullagh | Perkins Coie on 3/19/2013

A federal judge in the Northern District of California recently added to the growing list of cases rejecting attempts to recover damages resulting from data breaches. In In re LinkedIn User Privacy Litigation, Case no....more

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

by Brendan O'Rourke, Erika Stallings, Lawrence Weinstein | Proskauer Rose LLP on 3/18/2013

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

The ERISA Litigation Newsletter - March 2013

by Anthony Cacace, Page W. Griffin, Jacklina Len, Kara L. Lincoln, Brian S. Neulander, Michael Spencer | Proskauer Rose LLP on 3/13/2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

2013 Update on Chapter 93A

by Mike Gilleran | Adler Pollock & Sheehan P.C. on 3/12/2013

1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more

Inside The Courts - March 2013 | Volume 5 | Issue 1

by Skadden, Arps, Slate, Meagher & Flom LLP on 3/11/2013

In This Issue: *U.S. SUPREME COURT - Class Certificaton - Amgen Inc. v. Conn. Ret. Plans and Trust Funds, No. 11 1085 (U.S. Feb. 27, 2013) - Statutes of Limitations - Gabelli v. Sec. & Exch. Comm’n, No....more

A Cure For Antitrust Standing?

by Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more

The Impact Of The Supreme Court’s Recent Decision In Clapper v. Amnesty International USA On Privacy and Data-Security Litigation

by Edward Boyle, David Cinotti, Emilio W. Cividanes, Thomas Gilbertsen, Stuart P. Ingis, Joeann Walker | Venable LLP on 3/6/2013

On February 26, 2013, the Supreme Court decided Clapper v. Amnesty International USA, which clarified the standard to establish Article III standing for claims based on impending or future harm. The Supreme Court, in a 5-4...more

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

by Ropes & Gray LLP on 3/5/2013

On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more

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

by Paul Bond, Mark Melodia | Reed Smith on 3/1/2013

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

by Julian Chung, Matthew Craner, Joseph Frank, Jason White | Orrick, Herrington & Sutcliffe LLP on 3/1/2013

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

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"Eye on Privacy" Newsletter - May 2013

Jarndyce v. Jarndyce Has Nothing On Comer v. Murphy Oil: The Fifth Circuit Court of Appeals Affirms Dismissal

Platinum Sports Shoots Air Ball; Sixth Circuit Dismisses Action Against Governor Snyder And Attorney General Schuette For Lack Of...

Supreme Court To Decide If It Will Decide Whether Section 16 Plaintiff Has Constitutional Standing

DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit [Video]

Whose Standing Is It, Anyway?

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

NY Appellate Court Holds CIFG and Syncora Lack Standing in $1.8 Billion MBS Suit

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

Mortgagee and Mortgagor Standing and the Servicemembers’ Civil Relief Act

Consumer Data Privacy and Data Breach Claims Haven’t Had a Leg to Stand on, But Support May Be on the Way

Intellectual Property Bulletin - Winter 2013

Standing: An Affirmative Defense To Mortgage Foreclosure

Carsanaro, et al. v. Bloodhound Tech., Inc. et al., C.A. No. 7301-VCL (Del. Ch. Mar. 15, 2013) (Laster, V.C.)

Will Supreme Court Punt on Gay Marriage Case?

LinkedIn Data Breach Lawsuit Dismissed For Lack Of Standing

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

The ERISA Litigation Newsletter - March 2013

2013 Update on Chapter 93A

Inside The Courts - March 2013 | Volume 5 | Issue 1

A Cure For Antitrust Standing?

The Impact Of The Supreme Court’s Recent Decision In Clapper v. Amnesty International USA On Privacy and Data-Security Litigation

Supreme Court’s Clapper Decision Raises Bar for Standing in Data Security Breach Litigation

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

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

DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit [Video]

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