Latest Posts › Article III

Share:

Pennsylvania appellate court finds no state court standing to bring FACTA claim based solely on statutory violation

In its 2016 decision in Spokeo v. Robins, the U.S. Supreme Court held that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for statutory...more

SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury

The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more

Third Circuit: FDCPA Class Plaintiff who Received QR-Coded Envelope from Debt Collector had Standing Under Spokeo

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that a plaintiff in a class action complaint had Article III standing and was properly awarded summary judgment when a debt collector sent...more

Third Circuit: FACTA Class Plaintiff Lacked Concrete Injury Required for Standing Under Spokeo

In a precedential opinion, the U.S. Court of Appeals for the Third Circuit concluded that because the named plaintiff in a class action complaint failed to allege a concrete injury...more

Alleged FCRA Violation Sufficiently Concrete for Article III Standing, Ninth Circuit Holds in Spokeo II

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held in Spokeo v. Robins that an alleged Fair Credit Reporting Act (FCRA) violation was sufficiently concrete to support Article III...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

"Real" Harm Required To Recover Statutory Damages, U.S. Supreme Court Rules

In a long-anticipated and significant decision, the U.S. Supreme Court has ruled 6-2 that a plaintiff alleging a violation of the Fair Credit Reporting Act (FCRA) does not have standing under Article III of the U.S....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

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

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

Supreme Court Ruling Could Alter Class Action Landscape

The U.S. Supreme Court has agreed to decide a case that could alter the landscape of federal class action litigation. Granting the defendant’s petition for certiorari in Campbell-Ewald Company v. Gomez, the Court will review...more

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

13 Results
 / 
View per page
Page: of 1

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