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Article III Appeals Future Harm

King & Spalding

D.C. Circuit Splits with Other Circuits by Holding that Risk of Identity Theft Following Data Breach Satisfies Pleadings-Stage...

King & Spalding on

On June 21, 2019, the D.C. Circuit split with several other circuits in holding that alleging a heightened risk of identity theft following a data breach is enough to establish standing at the pleadings stage....more

King & Spalding

Ninth Circuit Allows Consumer to Proceed on Claims of False “Markdown” but Dismisses Claims for Injunctive Relief

King & Spalding on

In Nunez v. Saks Inc., the Ninth Circuit held that a named plaintiff who fails to allege that class members are likely to suffer future injury cannot advance a claim for injunctive relief....more

Dechert LLP

Ninth Circuit Revisits Standing Analysis for Statutory Claims in Spokeo

Dechert LLP on

On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more

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