News & Analysis as of

Class Representatives Standing Injury-in-Fact

Troutman Pepper

D.C. Circuit Dismisses Appeal of Class Certification Denial Due to Lack of Standing

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The U.S. Court of Appeals for the District of Columbia Circuit recently dismissed an appeal in the case of Lewis v. Becerra, Secretary of the United States Department of Health and Human Services (HHS). The appellants sought...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court to Review Article III Standing Requirement for Absent Class Members

The U.S. Supreme Court granted review last week in TransUnion LLC v. Ramirez, which presents the question of whether Article III or Rule 23 of the Federal Rules of Civil Procedure permits a damages class action where most...more

Ballard Spahr LLP

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

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

Womble Bond Dickinson

Third Circuit: Class Representative with Over-Detailed Receipt Lacks Standing to Bring FACTA Case against J. Crew

Womble Bond Dickinson on

We spend most of our time at FCRAland studying those rights included in the Fair Credit Reporting Act, as it was established in 1970. Yet Congress has amended FCRA over the years, including by adding additional statutory...more

Womble Bond Dickinson

Supreme Court Watch: Justices Seek Briefing on Potential Application of Spokeo

Womble Bond Dickinson on

Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins.  That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that...more

Williams Mullen

Fourth Circuit Applies Spokeo to Vacate $11.7 Million Class Action Judgment

Williams Mullen on

The U. S. Court of Appeals for the Fourth Circuit has held that a class representative who failed to allege a concrete injury from incomplete or incorrect information on his credit report did not satisfy the standing...more

Dorsey & Whitney LLP

Spokeo Set to Resolve Lingering Questions Over Constitutional Standing

Dorsey & Whitney LLP on

The parameters of Constitutional standing, which have been in flux for decades, are solidifying before our very eyes. In recent months the U.S. Supreme Court has confirmed that a litigant must have a “live dispute” at all...more

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