News & Analysis as of

Article III

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Manatt, Phelps & Phillips, LLP

Missouri Federal Court Certifies Class in TCPA Fax Case

Manatt, Phelps & Phillips, LLP on

A federal court in Missouri granted class certification in a Telephone Consumer Protection Act (TCPA) action that could cost the defendant almost $4 million for allegedly sending unsolicited faxes....more

Proskauer - Employee Benefits & Executive...

District Court Denies Employer’s “Injury-In-Fact” Challenge to Withdrawal Liability

Proskauer - Employee Benefits & Executive... on

In Holland v. Murray, No. 21-cv-567, 2023 WL 2645708 (D.D.C. Mar. 27, 2023), the court held that financial support provided by Congress to a multiemployer pension plan under the Bipartisan American Miners Act (“BAMA”) did not...more

Seyfarth Shaw LLP

SCOTUS UPDATE:  Opening Brief Filed in Acheson Hotels v. Laufer

Seyfarth Shaw LLP on

Seyfarth synopsis: The opening brief in Acheson Hotels v. Laufer, the first case to reach the U.S. Supreme Court in more than 18 years, was filed yesterday....more

Farrell Fritz, P.C.

Derivative Standing and the Internal Affairs Doctrine

Farrell Fritz, P.C. on

Choice-of-law questions in shareholder derivative lawsuits venued in New York courts involving out-of-state or international entities can be confoundingly difficult, even for appeals court judges....more

Kilpatrick Townsend & Stockton LLP

Eleventh Circuit strikes again, vacating class settlement for lack of standing

Kilpatrick Townsend & Stockton LLP on

Takeaway: We have written about Eleventh Circuit decisions on Article III standing and its relationship to the proper approval of a class action settlement. See Eleventh Circuit holds that every class member must have...more

Seyfarth Shaw LLP

PAGA Paraphrased – Gregg v. Uber Technologies, Inc., 89 Cal.App.5th 786 (2023)

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Second Appellate District entered the fray and, like the Fourth and Fifth Districts in Galarsa and Piplack, held that an individual PAGA representative still maintains standing to pursue non-individual...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ruling on Motion To Dismiss Sheds Light on Intellectual Property Issues in Artificial Intelligence

Skadden, Arps, Slate, Meagher & Flom LLP on

Many of the key intellectual property issues presented by artificial intelligence (AI), ranging from the use of copyrighted material as training data in AI-models to whether AI-generated works can be protected under copyright...more

Womble Bond Dickinson

Does a Single Call to a Cellphone Meet the Concrete Injury Requirement? The Drazen Decision is Forthcoming

Womble Bond Dickinson on

The U.S. District Court for the Middle District of Florida recently stayed Simpson v. J.G. Wentworth Co. in light of the Eleventh Circuit's pending en banc decision in Drazen v. Pinto. Both cases involve similar Telephone...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman and the On-Going Attempts to Remove Her from the Federal Circuit

McDonnell Boehnen Hulbert & Berghoff LLP on

The efforts to have Judge Pauline Newman, Circuit Judge on the Court of Appeals for the Federal Circuit, unfit or guilty of misconduct have been the subject of reporting in the patent blogosphere (Patently-O, IP Watchdog),...more

Womble Bond Dickinson

Court Finds Receipt of Unsolicited Fax Not Necessary to Establish TCPA Violation

Womble Bond Dickinson on

On May 11, 2023, US District Court, M.D. Florida found a Telephone Consumer Protection Act (“TCPA”) violation can occur even where the intended human recipient of a fax did not print and review the fax or did not know that...more

CDF Labor Law LLP

Discretion: The Better Part of Valor in Defending Against PAGA Claims

CDF Labor Law LLP on

Since the U.S. Supreme Court’s decision in Viking River Cruises v. Moriana, employers have been implementing and enforcing arbitration agreements requiring employees to arbitrate their individual Private Attorneys’ General...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2023

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

Fail-Safe Class Definition. The District of Columbia Circuit reversed a district court’s denial of a class action on the grounds the plaintiffs had proposed an impermissible “fail safe” class—i.e., a class definition for...more

Faegre Drinker Biddle & Reath LLP

Florida District Courts Increasingly Staying FTSA Cases as 11th Circuit Threatens to Overturn Salcedo

Faegre Drinker Biddle & Reath LLP on

Plaintiffs’ attempts to keep FTSA cases venued in Florida state courts are being upended by the Eleventh Circuit’s recent decision to revisit en banc its Article III standing precedent in single-text message cases....more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Easements And Bankruptcy Standing

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more

Troutman Pepper

Washington Federal Court Rejects Hunstein; Holds Article III Standing Exists in FDCPA Letter-Vendor Claim

Troutman Pepper on

Nearly two years after the Supreme Court’s 2021 decision in Transunion v. Ramirez, courts and litigants continue to grapple with standing issues in Fair Debt Collection Practices Act (FDCPA) cases brought by plaintiffs...more

Dorsey & Whitney LLP

The Supreme Court Update - May 15, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in two cases: Carnahan v. Maloney, No. 22-425: This is an Article III standing case arising from the federal statute, 5 U.S.C. § 2954, that directs...more

Orrick, Herrington & Sutcliffe LLP

2nd Circuit addresses issue preclusion standard in dismissal of RMBS actions

Orrick, Herrington & Sutcliffe LLP on

On April 26, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of three residential mortgage-backed securities lawsuits tied to losses incurred during the 2008 financial crisis. The plaintiffs, issuers of...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023

Perkins Coie on

Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space....more

Manatt, Phelps & Phillips, LLP

Eleventh Circuit Agrees to Rehear Notable Decision

Manatt, Phelps & Phillips, LLP on

The Eleventh U.S. Circuit Court of Appeals has agreed to an en banc review of a notable decision issued last July with respect to Article III standing for purposes of a Telephone Consumer Protection Act (TCPA) lawsuit. The...more

Burr & Forman

Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

Burr & Forman on

In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of...more

Robinson+Cole Class Actions Insider

Juridical Link Doctrine Rejected By Sixth Circuit

Robinson+Cole Class Actions Insider on

Federal courts of appeals have disagreed on whether a named plaintiff in a proposed class action can sue defendants who have not injured that plaintiff but allegedly have injured putative class members. This is not an...more

Dickinson Wright

Issues Becoming Moot on Appeal

Dickinson Wright on

Although appellate courts are generally obligated to address the issues that are properly brought before them, that is not the case when it comes to issues that have been rendered moot by subsequent developments—either in the...more

Carlton Fields

Axon, Gibson, Jarkesy: Continuing Challenges to SEC’s Administrative Citadel

Carlton Fields on

Earlier this month, the U.S. Supreme Court issued a procedural decision that has the potential to dismantle the Securities and Exchange Commission’s ability to litigate cases administratively. On April 14, 2023, the Supreme...more

Troutman Pepper

Recent Trends in Article III Standing - The Consumer Finance Podcast

Troutman Pepper on

Please join Troutman Pepper Partner Chris Willis and his colleagues Jonathan Floyd and Meagan Mihalko as they discuss recent trends in Article III standing in the federal courts. The trio examine why this is a big deal in...more

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