News & Analysis as of

Standing Injunctive Relief

Dorsey & Whitney LLP

The Supreme Court Update - March 20, 2024

Dorsey & Whitney LLP on

On March 19, 2024, the Supreme Court of the United States issued two decisions: FBI v. Fikre, 22-1178: This case addresses when the “voluntary cessation of a challenged practice” renders a lawsuit moot. Yonas Fikre, a...more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Epstein Becker & Green

Two Plaintiffs Win Border Battles as Court Emphasizes When It Has Jurisdiction in Cases with Substantial Factual Issues - SCOTUS...

Epstein Becker & Green on

Yonas Fikre, a U.S. citizen who had emigrated from Sudan, found himself placed on the No Fly List by the FBI and unable to return to the United States from an international trip. This action followed Fikre’s having been...more

Jones Day

Class Actions Worldview - A Study of Trends Around the Globe - Part II – Italy And Spain: October 2023

Jones Day on

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Faegre Drinker Biddle & Reath LLP

Washington Federal Court Finds Sufficient Allegations of Prerecorded Calls But Dismisses Claims for Treble Damages and Injunctive...

Recently, a federal judge in the United States District Court for the Western District of Washington granted in part a motion to dismiss a TCPA claim in a putative class action. The Court found that although the plaintiff...more

Troutman Pepper

No Standing for Injunctive Relief: Eleventh Circuit Vacates Brain Performance Supplement Class Action Settlement

Troutman Pepper on

On April 12, the Eleventh Circuit Court of Appeals vacated an $8 million class-action settlement for lack of standing. While the issue was not raised by the district court or either party on appeal, the court ruled that the...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

Holland & Knight LLP on

A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Bass, Berry & Sims PLC

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court - September 2021

ArentFox Schiff on

The latest trends and developments in the class action world. Since our last update was published, the United States Supreme Court has addressed a number of appeals involving class actions. Requirement of Concrete...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2021

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. SCOTUS Finds FTC Cannot Award Restitution or...more

Proskauer - Advertising Law

Ninth Circuit Credits Arbitration Clause and Class Action Waiver in Experian Advertising Suit

In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an...more

BCLP

Second Circuit: Past Purchasers Have No Standing to Seek Injunctive Relief

BCLP on

In a case regarding slack fill claims by a class of purchasers of Barilla branded pasta, the Second Circuit has issued a decision with implications for class-action cases going forward. The Court held that the District Court...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

Carlton Fields

Court Stays CBD Class Action Until FDA Rolls Out Regulation

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A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more

Carlton Fields

Two Days in October Result in Two Different Rulings by District Court Judges in the Southern District of Florida Regarding...

Carlton Fields on

Federal district courts in Florida continue to be at odds over whether a class plaintiff who claims to have suffered a past injury based on a defendant’s violation of the Florida Deceptive and Unfair Trade Practices Act...more

Carlton Fields

Through the Looking Glass: Damages “Warts” Wreck Injunction Class

Carlton Fields on

Mirror, mirror on the class, are damages what you really asked? The Eleventh Circuit reversed an interlocutory order certifying an injunction class, rejecting the plaintiffs’ ploy “to lop off all the damages-based warts...more

BCLP

The Ninth Circuit Addresses Article III Standing And The Illinois Biometric Information Privacy Act

BCLP on

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit again weighed in on Article III standing.  Unlike its previous ventures into standing, however, it did so this time in the context of the Illinois...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - DOJ Announces Guilty Plea in E. Coli Prosecution - The U.S. Department of Justice (DOJ) has announced that Memet Beqiri had pleaded guilty to “a charge related to his meat...more

King & Spalding

Ninth Circuit Allows Consumer to Proceed on Claims of False “Markdown” but Dismisses Claims for Injunctive Relief

King & Spalding on

In Nunez v. Saks Inc., the Ninth Circuit held that a named plaintiff who fails to allege that class members are likely to suffer future injury cannot advance a claim for injunctive relief....more

White & Case LLP

Illinois Supreme Court Rules: “Aggrieved” Person Does Not Require Separate, “Actual” Injury for Biometric Information Privacy Act...

White & Case LLP on

On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act...more

Jones Day

Illinois Supreme Court Rules that Plaintiff Is "Aggrieved" Under State Biometrics Statute Despite Alleging No Injury

Jones Day on

The Situation: The Illinois Supreme Court recently considered whether a person can sue as an "aggrieved" person under the Illinois Biometrics Information Privacy Act ("BIPA") even if the person has not alleged some actual...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

Fisher Phillips on

On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Fenwick & West LLP

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

Fenwick & West LLP on

In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

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Updated: Dec 28, 2021:

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150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
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Sausalito, CA 94965

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