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Article III Motion to Dismiss

Seyfarth Shaw LLP

New York Federal Courts Are Not Rolling Out the Welcome Mat for Serial Plaintiffs in Website Accessibility Lawsuits Anymore

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Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more

Kilpatrick

New York federal courts split on whether baby food purchasers have Article III standing in toxic metals baby food class actions

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We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more

Proskauer - Employee Benefits & Executive...

Supreme Court Establishes Lower Pleading Standard for Prohibited Transaction Claims

In a unanimous decision, the U.S. Supreme Court ruled in Cunningham v. Cornell University that plaintiffs can satisfy the requirements for pleading prohibited party-in interest transactions under ERISA section 406(a) without...more

Fox Rothschild LLP

Privacy ‘Testers’ Don’t Have Standing to Sue, Court Rules

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If you are “tester” who actively seeks out privacy violations and files lawsuits to ensure legal compliance (as many class action lawsuit plaintiffs are), you do NOT have Article III standing to sue, according to a recent...more

Seyfarth Shaw LLP

Split Decisions on Standing: Courts Diverge on Pension Risk Transfer Class Actions

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Two courts. Two opposite rulings. One critical question: Do plaintiffs have standing to challenge pension risk transfers under ERISA?...more

Seyfarth Shaw LLP

First Rulings on Pension Risk Transfer — ERISA Class Actions Reach Opposite Conclusions on Article III Standing

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The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been...more

Kilpatrick

New York federal court tosses toxic metals baby food class action on the pleadings

Kilpatrick on

A New York federal district court recently dismissed a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels of heavy metals, for failure...more

McGlinchey Stafford

FCRA Claims Survive Dismissal Over Challenges to Standing and Statute of Limitations

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A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s...more

Ballard Spahr LLP

Another Chapter in the Alpine Securities Saga: District Court Grants Motion to Dismiss Complaint Challenging AML Enforcement...

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In the possible final stage of the Alpine Securities saga, Judge Clark Waddopous of the United States District Court for the District of Utah issued an opinion granting the Securities and Exchange Commission’s (“SEC”) motion...more

Jones Day

Youth Climate Litigation and the Legacy of Juliana

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At the beginning of 2024, young American climate litigants seemed poised for success. In December 2023, the prominent case of Juliana v. United States (Case No. 6:15-CV-01517) had survived—in part—a motion to dismiss in the...more

Ballard Spahr LLP

CFPB files its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber and transfer the case to D.D.C.

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On August 19, 2024, the CFPB filed its reply brief in support of the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and, if granted, transfer the case to the...more

Ballard Spahr LLP

Plaintiffs declare that Fort Worth Chamber is the CFPB’s “natural adversary” in their opposition brief to the CFPB’s motion to...

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On August 12, 2024, the plaintiffs filed their brief in opposition to the CFPB’s motion to dismiss Plaintiff Fort Worth Chamber of Commerce (Fort Worth Chamber) for lack of standing and if granted, transfer the case to the...more

Ballard Spahr LLP

CFPB files motion to dismiss Fort Worth Chamber of Commerce for lack of standing and if granted, renews its motion to transfer the...

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On July 29, 2024, the CFPB filed a motion to dismiss the Fort Worth Chamber of Commerce as a Plaintiff for lack of standing and if granted, transfer the case to a the Federal District Court for D.C. In its brief, the CFPB...more

Troutman Pepper Locke

CFPB Moves to Dissolve Preliminary Injunction and Supplements Motion to Transfer in Credit Card Late Fee Rule Case; Court...

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Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a brief in the U.S. District Court for the Northern District of Texas in support of its motion to dissolve the preliminary injunction that has stayed...more

McDonnell Boehnen Hulbert & Berghoff LLP

Judge Newman's Suit Comes to an End

Today, D.C. District Court Judge Christopher R. Cooper put an end to Judge Pauline Newman's lawsuit against her colleagues, granting the Federal Circuit Judicial Council's motion to dismiss Judge Newman's suit on due process...more

Proskauer - Employee Benefits & Executive...

District Court Holds Plan Cannot File Suit in Contravention of Trust Agreement

In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees...more

Orrick, Herrington & Sutcliffe LLP

Bank granted MTD in credit card sign-up bonus class action

On April 15, the U.S. District Court for the Northern District of California entered an order granting a defendant bank’s motion to dismiss a plaintiff’s claims relating to alleged false advertising in connection with a...more

Troutman Pepper Locke

California Federal Court Rules Undated Model Debt Violation Notice Does Not Violate the FDCPA

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In March, a district court in the Eastern District of California followed other courts holding that an undated, model form debt validation notice does not violate the Fair Debt Collection Practices Act (FDCPA). Specifically,...more

Ballard Spahr LLP

Minnesota federal court dismisses lawsuit against FDIC over NSF fee guidance

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On April 8, 2024, a Minnesota federal district court dismissed without prejudice the complaint filed by the Minnesota Bankers Association and Lake Central Bank (Plaintiffs) against the Federal Deposit Insurance Corporation...more

CDF Labor Law LLP

Ninth Circuit Requires Federal Courts in California to Follow Adolph v. Uber

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On February 12, 2024, in Johnson v. Lowe’s Home Centers, LLC, the Ninth Circuit Court of Appeals held that an employee’s non-arbitrable, representative PAGA claims are not subject to dismissal when the plaintiff is ordered to...more

Seyfarth Shaw LLP

No Harm, No Foul?  The Legacy of TransUnion Two Years Later (Continued)

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Seyfarth Synopsis: As reported here, to mark the two-year anniversary of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is examining how each of the federal Circuit Courts have applied this...more

Troutman Pepper Locke

Virginia Moves to Dismiss Suit Claiming Denial of Voting Rights to Felons Violates Civil War Era Statute

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In June, four individuals and an advocacy organization for previously incarcerated individuals brought suit in the Eastern District of Virginia against several state and local officials alleging that Virginia was denying...more

Seyfarth Shaw LLP

SCOTUS Refuses to Dismiss Acheson Hotels v. Laufer Case Before Oral Argument Set For October 4

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Synopsis: SCOTUS denies serial plaintiff’s attempt to dismiss her case and avoid the court’s consideration of a critical legal issue in ADA Title III lawsuits – tester standing....more

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

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The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Troutman Pepper Locke

Ohio Federal Court Finds Plaintiff Has Standing in TCPA Case Over Messages Left With Wrong Recipient

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On June 28, a magistrate judge in the U.S. District Court for the Southern District of Ohio issued a report recommending that the defendant’s motion to dismiss be denied because the plaintiff had standing under the Telephone...more

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