News & Analysis as of

Article III Injury-in-Fact

Holland & Knight LLP

No Harm, No Foul: Seventh Circuit Again Demands Concrete Harm in FDCPA Cases

by Holland & Knight LLP on

Whether there is a connection to the near end of another exciting National Basketball Association season is unknown, but in a recent ruling issued by the U.S. Court of Appeals for the Seventh Circuit, the court began its...more

Jones Day

Federal Circuit Tightens Standing Requirements For IPR Appeal

by Jones Day on

The Federal Circuit recently tightened the standing requirements for an IPR appeal in AVX Corp. v. Presidio Components, Inc., No. 18-1106, 2019 WL 2079178 (Fed. Cir. May 13, 2019). AVX previously challenged the validity of...more

Ballard Spahr LLP

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

by Ballard Spahr LLP on

Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

Ballard Spahr LLP

Court Ruling in Saks Data Breach Case Illustrates That Threshold for Article III Standing Is Low

by Ballard Spahr LLP on

For years, plaintiffs in data breach class actions have argued that the threshold for Article III standing is low – and increasingly courts are accepting that argument....more

Jones Day

Recent Developments on Article III Standing-to-Appeal AIA Trial Decisions

by Jones Day on

In past decisions, the Federal Circuit has made clear that a petitioner appealing a PTAB’s final written decision upholding the patentability of challenged claims after an AIA trial must establish Article III standing. In...more

King & Spalding

Eleventh Circuit Creates Circuit Split on Article III Standing and Confirms that Class Members Who Object to a Class Settlement...

by King & Spalding on

On April 22, 2019, the Eleventh Circuit held in Muransky v. Godiva Chocolatier, Inc. that a plaintiff who claimed to have suffered a heightened risk of identity theft when the defendant printed a receipt containing too many...more

Farrell Fritz, P.C.

Lack Of Standing, Once Again, Dooms A Challenge To Municipal Action

by Farrell Fritz, P.C. on

A recent case from the Appellate Division, Second Department, addresses one of our favorite topics, standing. It is a cautionary tale about how not to establish standing....more

Ballard Spahr LLP

Second Circuit Holds Receipt of Unwanted Text Messages, Even Without Other Alleged Harm, Confers Standing for TCPA Claims

by Ballard Spahr LLP on

Joining similar decisions from the U.S. Courts of Appeals for the Third and Ninth Circuits, the Second Circuit held in Melito v. Experian Marketing Solutions, Inc., that the receipt of unwanted text messages, even without any...more

Knobbe Martens

Federal Circuit Appeal Dismissed Where Party Appealing PTAB Decision Lacked Article III Standing

by Knobbe Martens on

AVX CORPORATION V. PRESIDIO COMPONENTS, INC. Before Newman, O’Malley, and Taranto. Appeal from the Patent and Trial Appeal Board. Summary: Appellants from an IPR decision to the Federal Circuit must have concrete claims...more

Bradley Arant Boult Cummings LLP

The Eleventh Circuit Finds Class Rep Has Standing to Settle a FACTA Class Action

Bucking a recent trend and departing from both the Second Circuit’s Katz decision and the Third Circuit’s Kamal decision, the Eleventh Circuit found that a plaintiff had standing to settle a FACTA claim on behalf of a class....more

Foley & Lardner LLP

Supreme Court Sidesteps Class Settlement Issue to Remand, Questioning Article III Standing Under Spokeo

by Foley & Lardner LLP on

On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement, instead remanding the case back to the lower courts with...more

Blank Rome LLP

Fourth Circuit Sets Middle-of-the-Road Threshold for Establishing Article III Standing in Data Breach Class Action Litigation

by Blank Rome LLP on

Today, a clear divergence of opinions exists among the federal courts of appeal as to the appropriate evidentiary threshold that must be met for establishing Article III standing, which varies significantly among the...more

Bryan Cave Leighton Paisner

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing

On March 25, 2019, the United States Court of Appeals for the Ninth Circuit dealt another setback to plaintiffs trying to establish Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681,...more

McDermott Will & Emery

Mootness on Appeal from PTAB

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit dismissed an appeal of an inter partes review (IPR), finding that the challenger lacked appellate standing because it had terminated its attempts to develop the infringing...more

Proskauer - Advertising Law

Third Circuit Shreds Plaintiff’s Credit Card Receipt Case On Standing Grounds

The Third Circuit recently held that procedural violations of the Fair and Accurate Credit Transactions Act (“FACTA”), absent any showing of concrete harm, do not meet Article III standing requirements. Kamal v. J. Crew...more

Proskauer Rose LLP

ERISA Newsletter - First Quarter 2019

by Proskauer Rose LLP on

Editor's Overview - We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA claims, particularly in complex, class actions where it may not be...more

Perkins Coie

Notable Ruling: No Article III Standing to Challenge Krill Oil Label Claims

by Perkins Coie on

On March 25, 2019, Judge Gary L. Sharpe of the Northern District of New York dismissed a putative class action against CVS and Lang Pharma alleging that the labeling of defendants’ CVS Omega-3 Krill Oil is deceptive and...more

Ballard Spahr LLP

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

by Ballard Spahr LLP on

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

Bradley Arant Boult Cummings LLP

Another Punt: The Supreme Court Denies Certiorari in the Zappos Case

We wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the...more

Farrell Fritz, P.C.

City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

by Farrell Fritz, P.C. on

Over the past several years, this blog has presented several posts on the topic of standing. It is a frequent topic because it is often raised as a threshold issue in zoning and land use cases....more

Ballard Spahr LLP

NYDFS files opposition to OCC motion to dismiss lawsuit challenging fintech charter

by Ballard Spahr LLP on

The New York Department of Financial Services has filed a memorandum of law opposing the OCC’s motion to dismiss the NYDFS’s second lawsuit seeking to block the OCC’s issuance of special purpose national bank (SPNB) charters...more

Womble Bond Dickinson

Bais Yaakov Strikes Again: Nonprofit May Be Fax "Sender" Despite Not Sending Fax

by Womble Bond Dickinson on

As we’ve recently highlighted, the FCC is currently seeking industry comment on how it should interpret the term “sender” for purposes of imposing liability for faxes sent in violation of the TCPA. Until the agency releases...more

Patterson Belknap Webb & Tyler LLP

Third Circuit Rejects J. Crew Customer Suit in Rigorous Application of Standing Principles

Last Friday, the Third Circuit held that a J. Crew customer lacked standing to the sue company for printing ten digits of his credit card on a receipt, in violation of the Fair and Accurate Credit Transaction Act (which...more

Bradley Arant Boult Cummings LLP

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Rules Telemarketer’s Single Unanswered Call Creates Article III Standing

A single missed call from a telemarketer constitutes a concrete injury that gives rise to standing, a federal district court in California has ruled. In Shuckett v. DialAmerica Marketing, Inc., 2019 U.S. Dist. LEXIS 29598...more

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