News & Analysis as of

Article III

Oil States Preview Take II -- Just What Did the Supreme Court Hold in McCormick Harveting Machine v. Aultman?

Last week, we provided a preview of the Supreme Court case Oil States Energy Services, LLC. v. Greene's Energy Group, LLC. that will be argued on November 27, 2017. The underlying case has received a lot of attention, so it...more

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

by Carlton Fields on

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Judge Bencivengo Refuses to Change Her Stripes - District Court Doubles Down on Romero and Again Dismisses TCPA Claim for Lack of...

by Dorsey & Whitney LLP on

She may be the only judge in the country still actively dismissing TCPA claims for lack of Article III standing following Spokeo, but Judge Cathy Ann Bencivengo demonstrated on Thursday that she is not going to change her...more

Growing Consensus in the Courts of Appeals against Alternative-Citizenship Theory of Diversity under CAFA

If a putative class of plaintiffs, all citizens of State A, sues a corporate defendant, which the law considers to be a citizen of State A and State B, in state court, may the defendant remove the case to federal court under...more

Post-Spokeo Jurisdictional Divide Continues as Northern District of California Rejects TransUnion’s Lack of Standing Argument

Last year, the U.S. Supreme Court issued a decision in Spokeo Inc. v. Robins, holding that a plaintiff bears the burden of establishing Article III standing by alleging an injury in fact that is concrete, particularized, and...more

October 2017: Patent Litigation Update

What’s at Stake in the Oil States Case? Supreme Court Granted Cert. to Review Constitutionality of Patent Office IPR Proceedings. This term, the Supreme Court will hear a challenge to the constitutionality of inter partes...more

Tax Reform Proposals Would Have Significant Consequences for Foreign Multinationals Doing Business Through Affiliates in the...

by White & Case LLP on

Both the House and the Senate tax reform proposals were designed to move the United States toward a territorial tax regime and both proposals contain base erosion protections intended to prevent otherwise taxable income from...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

by Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

Defending The Business-To-Business Data Breach Lawsuit

by Ellis & Winters LLP on

Hardly a day goes by without a headline announcing that a prominent company has fallen victim to a data breach. These headlines are followed, almost inevitably, by reports of class action lawsuits filed by consumers whose...more

Which Comes First Standing Or Class Certification? Northern District Of Illinois Weighs In

by Carlton Fields on

The Northern District of Illinois recently waded into the conflict between standing and class certification when it held that a putative class representative must demonstrate standing to assert each claim before the motion...more

Massachusetts High Court Hears Oral Argument on Consumer’s Standing to Recover Sales or Use Tax

An attorney representing a Massachusetts consumer (“Dedham Health”) argued this week that the Massachusetts Department of Revenue (DOR) must abate and refund the sales tax and/or use tax that the seller collected from Dedham...more

Divorcing Husband Not Smiling Over Court’s Rejection of Ownership Interest in Wife’s Dental Practice

by Farrell Fritz, P.C. on

The self-proclaimed entrepreneur and guiding force behind his soon-to-be ex-wife’s highly successful, multi-office pediatric dental practice known as Kiddsmiles is not smiling after the court in Savel v Savel, Short Form...more

Judge Silverstein’s Opinion in Millennium Lab Holdings Threatens to Bring Clarity and Common Sense to Debate Regarding...

by Kelley Drye & Warren LLP on

In December 2015, U.S. Bankruptcy Court Judge Laurie Silverstein of the District of Delaware confirmed a plan of reorganization in the Millennium Lab Holdings chapter 11 case that included the non-consensual release of...more

Oil States Energy and SAS Institute: SCOTUS to Review Inter Partes Reviews

by Revision Legal on

As we recently discussed with respect to the proposed STRONGER Patents Act of 2017, legal debate continues to swirl around inter partes reviews. The US Supreme Court has entered the ring recently by accepting certiorari on...more

California Federal Court Strikes Down FCRA Claim

by Foley & Lardner LLP on

Earlier this month, in a case pending in the U.S. District Court for the Central District of California, Home Depot avoided a class action suit under the Fair Credit Reporting Act (FCRA). The lawsuit accused the company of...more

Standing Only Gets You So Far. Scottrade Offers Tactics To Win The Data Breach Class Action War

by Orrick - Trust Anchor on

A recent skirmish about standing in data breach class actions (this time in the Eighth Circuit), involving securities and brokerage firm Scottrade, suggests that, even if plaintiffs win that limited question, there are other...more

District Court Dismisses Putative FCRA Class Action For Lack Of Standing

The U.S. District Court for the Central District of California recently dismissed a putative class action alleging violations of the Fair Credit Reporting Act (“FCRA”), finding that the named plaintiff lacked standing to...more

Second Circuit Set to Address Key Issues Under Illinois Biometric Information Privacy Act

by Locke Lord LLP on

The Second Circuit became the first U.S. Court of Appeals to wade into the rising tide of litigation under Illinois’s Biometric Information Privacy Act (“BIPA”) when it conducted oral argument on October 26, 2017 in a BIPA...more

9th Circuit Resolves Split on False Advertising Injunctions

• The 9th Circuit held that consumers may have Article III standing to seek an injunction under California false advertising law even though the consumer subsequently learned that the advertising in question was false or...more

Dietary Supplement & Cosmetics Legal Bulletin | October 2017

by Shook, Hardy & Bacon L.L.P. on

The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more

Millennium Lab Part II: Delaware Bankruptcy Court Dispels Shadow Over Non-Consensual Third-Party Releases (For Now)

by Dechert LLP on

In trotting a path out of Chapter 11, debtors in most cases will need to engage various key stakeholders, some of whom are not entitled to a distribution in the bankruptcy. As a form of remuneration, non-debtors may insist on...more

Federal Circuit Review - September 2017

by Knobbe Martens on

IPR Appellants Must Satisfy Article III Standing - In Personal Audio, LLC v. Electronic Frontier Foundation, Appeal No. 2016-1123, the Federal Circuit held that standing for an appeal to a federal court is based on the...more

Robins v. Spokeo, Inc.: Ninth Circuit Holds That A Materially Inaccurate Report Is A Concrete Injury Even If The Inaccuracy Did...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to...more

Food & Beverage Litigation Update | October 2017 #3

by Shook, Hardy & Bacon L.L.P. on

FDA Warns Snyder’s-Lance About Iron Content Labels - The U.S. Food and Drug Administration (FDA) has sent a warning letter to Snyder’s-Lance, Inc. about the iron content of its Lance Toast Chee Crackers. The letter...more

High Alert for California Employers and Employers Nationwide for the Second Wave of FCRA Class Actions

by Littler on

The flurry of Fair Credit Reporting Act (“FCRA”) class actions against employers started in or about 2012 and was not limited to California. Many of those lawsuits resulted in significant payouts for violations of one or more...more

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