News & Analysis as of

Subject Matter Jurisdiction Sua Sponte

Faegre Drinker Biddle & Reath LLP

District Court (Again) Holds Text Messages Insufficient to Confer Article III Standing

The Southern District of Florida recently dismissed a TCPA claim sua sponte for lack of subject matter jurisdiction, finding that the plaintiff had not alleged a concrete injury-in-fact.  See Perez v. Golden Trust Insurance,...more

ArentFox Schiff

Court Holds that TTAB Appellant Gets Only One Bite at the Apple When Selecting Forum for Appeal

ArentFox Schiff on

The loser of a trademark opposition or cancellation proceeding at the United States Trademark Trial and Appeal Board (TTAB) has two avenues for appealing the decision: (1) to the United States Court of Appeals for the Federal...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Subject Matter Jurisdiction in Expungement Petitions

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed whether a federal court has subject matter jurisdiction over an expungement petition. While several courts have previously said no, this court directed the parties brief...more

Carlton Fields

Multiple Plaintiffs Take Shot at SEC Regulation Best Interest

Carlton Fields on

The Securities and Exchange Commission’s Regulation Best Interest faces a bumpy road in the wake of recent lawsuits challenging the appropriateness and effectiveness of the rule....more

King & Spalding

No Actual Harm, No Foul: No Standing In Federal Illinois BIPA Case

King & Spalding on

An Illinois federal court recently remanded a case back to Illinois state court after concluding, sua sponte, that it lacked subject matter jurisdiction over a privacy suit initiated by a class of employees asserting...more

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