News & Analysis as of

Split of Authority Supreme Court of the United States Standing

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

King & Spalding

Supreme Court Declines to Resolve Circuit Split on TCPA Standing

King & Spalding on

On December 16, 2019, the Supreme Court denied DISH Network’s petition for certiorari seeking to overturn a $61 million judgment for Telephone Consumer Protection Act (“TCPA”) violations based on telemarking calls made to...more

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

Dechert LLP on

The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

BCLP

Spokeo IV: Cert Denied and the Circuit Splits Left Behind

BCLP on

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins – bringing an end to an appellate saga that started in the Ninth Circuit Court of Appeals before heading up to...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Moore & Van Allen PLLC

Constitutional Standing Provides Fertile Battleground In Data Breach Litigation

Moore & Van Allen PLLC on

A common and understandable concern of companies that suffer a data breach is whether the victims can sue the company. It is tempting to assume that the victims won’t sue if they do not suffer identity theft or monetary loss...more

Sheppard Mullin Richter & Hampton LLP

Reading The Tea Leaves – How Will The U.S. Supreme Court Decide Spokeo?

While the U.S. Supreme Court has issued decisions on two of its major class action cases this term, Campbell-Ewald Co. v. Gomez and Tyson Foods v. Bouaphekeo (see January 20, 2016 blog and May 5, 2016 blog), one other...more

Goodwin

Spokeo Scenarios: With Scalia’s death, Additional Possibilities Cloud Resolution of the Standing Question

Goodwin on

As an ongoing update to our coverage of the Spokeo case, today we look at what could happen in the case where, with Justice Scalia’s recent death coming after oral argument but before an opinion was issued, the court’s new...more

McNees Wallace & Nurick LLC

Courts Send Mixed Messages on Standing for Plaintiffs in Data Breach Litigation

New decisions from two federal courts may allow defendants in data breach class action litigation to breathe somewhat easier, following a run of adverse decisions last year. These decisions illustrate an emerging trend of...more

Seyfarth Shaw LLP

ELL SCOTUS SERIES: # 2 – Spokeo, Inc. v. Robins

Seyfarth Shaw LLP on

In the second periodic installment of the Employment Law Lookout Blog Team’s analysis of employment law (and related) case being heard by the United States Supreme Court this term, read on for our take on Spokeo Inv. v....more

Orrick, Herrington & Sutcliffe LLP

Standing Your Ground: Supreme Court to Consider Standing Question Important in Data Breach Class Action Litigation

On April 27th, the United States Supreme Court granted certiorari in Spokeo, Inc. v. Robins, to consider a question critical to the viability of data breach class actions: standing. Since the Court’s most recent standing...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Supreme Court Establishes a New Test for False Advertising Standing Under Lanham Act

On March 25, 2014, the Supreme Court issued its opinion in Lexmark International Inc. v. Static Control Components Inc., holding that a two-prong analysis comprised of the "zone-of-interests" test and a "proximate-cause"...more

Proskauer Rose LLP

Supreme Court Agrees to Hear Case on Standing in Lanham Act False Advertising Cases

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On June 3, the U.S. Supreme Court granted the certiorari petition of Lexmark International Inc. ("Lexmark"). Lexmark sought cert to resolve a three-way split among the federal circuit courts regarding how to determine whether...more

Proskauer Rose LLP

How Much "Competition", If Any, Is Required to Establish Standing in Lanham Act False Advertising Cases—the Supreme Court May Be...

Proskauer Rose LLP on

Lanham Act false advertising law is largely consistent among the various federal circuit courts. However, one area of Lanham Act jurisprudence where the federal appellate courts do not see eye-to-eye concerns who has standing...more

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