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Standing

Husch Blackwell LLP

Summary Judgment Secured in Cargo Loss Case, Reinforcing That Transportation Brokers Generally Lack Standing to Sue Under the...

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On May 27, 2026, Husch Blackwell secured a significant win for client Continuum Transportation Services Ltd. (Continuum) in the U.S. District Court for the Central District of California. The court granted summary judgment in...more

Troutman Amin LLP

BIFURCATION MEANS BIFURCATION: Utah Federal Court Shuts Down Plaintiff’s Attempt to Backdoor Class Discovery in TCPA Suit

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Happy Friday, TCPAWorld! We frequently discuss the strategic importance of bifurcating discovery in TCPA class actions. Asymmetrical discovery costs are one of the primary levers the plaintiff’s bar uses to force classwide...more

A&O Shearman

Delaware Supreme Court Affirms Dismissal Of As-Applied Equitable Challenges To Advance Notice Bylaws As Unripe

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On April 29, 2026, the Delaware Supreme Court, sitting en banc, affirmed a pair of decisions by the Delaware Court of Chancery dismissing stockholder complaints seeking to assert as-applied equitable challenges to the...more

Womble Bond Dickinson

From Mega‑Breaches to the Dark Web: How Repeated Data Compromises Are Reshaping Data Breach Class Actions

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Data breaches have become a common place in the digital era, and not surprisingly, data breach litigation has matured due to the increasing frequency and complexity of breaches....more

King & Spalding

Federal Circuit Clarifies Standing Requirements for Patent Owners

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In a pair of May 2026 decisions, the Federal Circuit offered important guidance on what rights a patent owner must retain in a licensed patent and still have standing to sue. In a precedential opinion involving A.L.M. Holding...more

Alston & Bird

Between Debt and Equity: The UK High Court Clarifies Convertible Noteholders’ Standing to Seek an Administration Order

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Our Financial Restructuring & Reorganization Group examines a recent UK High Court decision clarifying the standing requirements for creditors seeking administration orders, including holders of convertible loan notes whose...more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published April 2026

Highlights from this issue include: Intervention. The U.S. Court of Appeals for the Ninth Circuit held that after the district court denied a motion to certify a Rule 23(b)(3) damages class,...more

Coblentz Patch Duffy & Bass

Third Circuit Raises the Stakes for Session Replay Technology

The Third Circuit recently added to the growing body of wiretapping law addressing the use of session replay technology in In re BPS Direct, LLC; Cabela’s LLC Wiretapping Litig., 2026 WL 1280969 (May 11, 2026). Expanding on...more

Klein Moynihan Turco LLP

No Standing for You! Pixel Tracking Lawsuit Dismissed

Our readers are aware that when they surf the internet, their data may be shared via the use of third-party pixel tracking technologies (such as those employed by Meta, Google, and Microsoft, to name a few). As our readers...more

Herbert Smith Freehills Kramer

Standing, valuation, and certification: Key takeaways from the Sixth Circuit’s en banc decision

On April 24, the en banc U.S. Court of Appeals for the Sixth Circuit decided Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817. By a vote of 10-7, the court ruled that an insurance dispute about the valuation of totaled...more

Mayer Brown

Prohibited Transaction Claims After Cunningham v. Cornell: Have District Courts Responded to the Supreme Court’s Suggestions?

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Just over one year ago, the US Supreme Court addressed the pleading requirements for prohibited-transaction claims under ERISA, holding that a plaintiff need only allege the elements of a prohibited transaction in ERISA...more

Baker Botts L.L.P.

Patent Invalidity Due to Incorrect Inventorship

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Inventorship is an often overlooked detail in patent law that is a statutory condition tied to validity, ownership, standing, and enforceability. The Federal Circuit’s recent decision in Fortress Iron, LP v. Digger...more

Fitch, Even, Tabin & Flannery LLP

The Supreme Court Declines Review, Reinforcing Limitations on Standing in Trademark Proceedings

On April 20, the Supreme Court denied certiorari in Rebecca Curtin v. United Trademark Holdings, Inc., upholding the Federal Circuit’s decision that consumers lack the statutory entitlement to oppose a trademark application...more

Farrell Fritz, P.C.

Tax Partner, Not True Partner: The Limits of K-1s in Business Divorce Litigation

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The Schedule K-1 is a tax form that pass-through entities use to report each owner’s share of the entity’s income, deductions, credits, and other tax items. It is also one of the great rock stars of business divorce...more

Bergeson & Campbell, P.C.

Appellate Court Vacates and Remands District Court Decision in TSCA Fluoride Case

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit of the U.S. District Court...more

Freiberger Haber LLP

Fraud Allegations Dismissed Due To Bankruptcy Non-Disclosure

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What happens when a business owner believes he’s been misled about the value of his company, only to have his claims dismissed not on their merits, but because of a procedural misstep years earlier? A recent decision from the...more

Loeb & Loeb LLP

Where to Stand and Fight: How the New Circuit Split In Session-Replay Class Actions Reshapes Defense Strategy

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TL;DR: In privacy class actions, it is often an open legal question whether there is an injury at all. On May 11, 2026, the Third Circuit issued In re BPS Direct, LLC; Cabela's, LLC Wiretapping Litigation, which held that...more

Alston & Bird

Patent Case Summaries | Week Ending May 22, 2026

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Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

McDermott Will & Schulte

Patentee that retains exclusionary rights has constitutional standing notwithstanding broad license grant

The US Court of Appeals for the Federal Circuit reversed a district court decision dismissing a patent infringement suit for lack of constitutional standing, concluding that patentees that retain exclusionary rights, even...more

Troutman Pepper Locke

DC Circuit Dismisses Solar Developers’ Challenges to SPP Network Upgrade Cost Allocation for Lack of Standing

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On May 19, 2026, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) dismissed Cage Ranch Solar LLC’s and Cage Ranch Solar II, LLC’s (collectively, Cage Ranch) consolidated petitions for review of FERC...more

Robinson+Cole Data Privacy + Security Insider

A Strong Defense Ruling for Companies Facing CIPA Website Tracking Claims

A recent Third Circuit decision gives companies another strong defense point in the wave of website tracking and session replay litigation, including claims brought under the California Invasion of Privacy Act (CIPA)....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: A.L.M. Holding Company. v. Zydex Industries Private Ltd.

In its only precedential patent opinion last week, the Federal Circuit clarified its position on Article III standing for patent infringement suits where the patent holder transferred away some of its rights through an...more

Fisher Phillips

The Good, the Bad, and the Ugly: What 7 Recent Court Decisions Tell You About Today’s Website Privacy Liability

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California’s website tracking litigation wave shows no signs of slowing down. Plaintiffs’ attorneys continue to file cookie and pixel tracking lawsuits by the hundreds, alleging that routine third-party analytics and...more

Sheppard, Mullin, Richter & Hampton LLP

Standing at the Crossroads: Fourth Circuit to Decide Who Can Challenge HIPAA Administrative Subpoenas

With Congress actively considering proposed federal privacy legislation that could establish a national standard and federal agencies simultaneously pursuing broader access to sensitive health records, the stakes for...more

Farrell Fritz, P.C.

A Wrong in Search of a Remedy: Promissory Estoppel

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Peter Sluka wrote a month ago about Matter of Lin v Sun ___ AD3d ___ (2026 NY Slip Op 02065 [1st Dept Apr. 7, 2026]). In Lin, the First Department unanimously rejected a petitioner-appellant’s claim she acquired standing to...more

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