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Subject Matter Jurisdiction Corporate Counsel

WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

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In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

Morrison & Foerster LLP

Federal Circuit Wades Into Article III Standing in Patent Cases Once Again

In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a...more

Cozen O'Connor

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests

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On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more

Rosenberg Martin Greenberg LLP

Fourth Circuit Holds That Federal Subject-Matter Jurisdiction Under the Class Action Fairness Act Can Rest on What “May Be” True

In an apparent case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that the fact that the district court may be foreclosed by governmental immunity from ordering relief prevents the federal court...more

Morrison & Foerster LLP

U.S. Supreme Court to Decide the Scope of Federal Courts’ Criminal Jurisdiction over Foreign Sovereign Defendants

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On October 3, 2022, the United States Supreme Court granted certiorari in Turkiye Halk Bankasi A.S. v. United States, No. 21-1450 (“Halkbank”), to determine whether federal courts have subject-matter jurisdiction over...more

Jackson Lewis P.C.

Circuit Courts Split on Standing to Sue in ADA Title III Website Accessibility Claims

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On standing to sue under Title III of the Americans with Disabilities Act (ADA), two U.S. Circuit Courts have arrived at opposite conclusions where the plaintiffs did not allege any concrete injury and said they had no...more

Parker Poe Adams & Bernstein LLP

Supreme Court Limits Federal Jurisdiction over Arbitration Awards

Last week in Badgerow v. Walters, the United States Supreme Court held in an 8-1 decision that under the Federal Arbitration Act, a federal court cannot consider an underlying dispute to determine whether it has federal...more

Miller Canfield

Supreme Court Limits Federal Court Jurisdiction Under the Federal Arbitration Act

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In a little-noticed recent decision, a nearly-unanimous U.S. Supreme Court significantly narrowed the jurisdiction of the federal courts to confirm, vacate or modify arbitration awards under the Federal Arbitration Act (FAA)....more

BakerHostetler

The Supreme Court Now To Determine the Boundaries of Federal Court Jurisdiction Over Federal Arbitration Act Proceedings

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The U.S. Supreme Court has now granted certiorari to decide if federal courts have subject matter jurisdiction to confirm or vacate an arbitration award under the Federal Arbitration Act (FAA), Sections 9 and 10.  9 U.S.C. §§...more

Mintz - Employment Viewpoints

Khan v. PTC, Inc.—Three Important Lessons From An Otherwise Unremarkable 401(k) Fee Case

According to Bloomberg Law, class actions challenging 401(k) plan fees are increasing at a record pace. The underlying claims in these class action suits fall into predictable categories that are all too familiar: excessive...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Pillsbury Winthrop Shaw Pittman LLP

Affirming Dismissal of AirAsia Lawsuit, D.C. Circuit Court Overrules Prior Decisions Allowing Personal Jurisdiction Based on...

In affirming the dismissal of a lawsuit against Pillsbury’s client, AirAsia, the D.C. Circuit overruled its prior precedent that a company’s website could be sufficient to support general jurisdiction. A company’s internet...more

Foley & Lardner LLP

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

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Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the plaintiff in Thornley v....more

Epstein Becker & Green

The Eastern District of New York Provides Businesses an Early Holiday Gift in Strictly Construing Standing Requirements in ADA...

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For businesses growing weary of the seemingly perpetual wave of serial ADA claims (e.g., website accessibility; gift card accessibility), thanks to a recent decision issued by a federal judge in the U.S. District Court of the...more

Womble Bond Dickinson

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

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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

Fisher Phillips

Federal Court Reinforces Limited Geographic Scope Of NYC’s Anti-Discrimination Laws

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A New York federal court recently reinforced the limited geographic scope of the New York City Human Rights Law, a city law which provides broader anti-discrimination and anti-retaliation protections to employees than the New...more

Perkins Coie

Google Defeats Biometric Privacy Lawsuit on Article III Standing Grounds

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Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more

Shutts & Bowen LLP

Can The Manager of a Florida LLC Represent the Corporation in Litigation?

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If she or he is not a lawyer, no. David Boggs, LLC and Mac Mar, LLC sued Matthew Soltis and his company My Affordable Roof, LLC for trademark infringement concerning the mark “MY AFFORDABLE ROOF.” Soltis appears to have...more

Womble Bond Dickinson

A Sign of Things to Come in TCPA Lawsuits?: Plaintiffs Use Lack of Article III Standing as a Sword to Avoid Federal Jurisdiction

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We reported last month on a case where a defendant had moved to dismiss a plaintiff’s TCPA claim based on lack of Article III standing, only to end up back in the state court from which the case was removed. And just as Jay...more

Seyfarth Shaw LLP

Federal Court Scuttles Class Action Settlement Objectors’ Motion To Dismiss Lawsuit Brought By Plaintiff Class Action Firm

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Seyfarth Synopsis: In a lawsuit brought by a plaintiff class action firm alleging that objectors to class action settlements violated both RICO and Illinois state law by filing frivolous objections in order to seek payouts,...more

Carlton Fields

Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For...

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The Fourth Circuit’s 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing. ...more

Kilpatrick

Be Careful What You Wish for When Asserting Article III Standing Challenges

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A recent Seventh Circuit decision should give class action defendants pause before asserting Article III standing challenges. In Collier v. SP Plus Corporation, 889 F.3d 894 (2018), both parties readily acknowledged that the...more

Locke Lord LLP

You Can’t Have Your Cake And Eat It Too—Seventh Circuit Warns Defendants Not To Remove To Federal Court And Then Move To Dismiss...

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On May 14, 2018, the Seventh Circuit Court of Appeals issued a significant jurisdictional decision that further limits defendants’ use of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). In Collier v. SP Plus Corp., No....more

Bradley Arant Boult Cummings LLP

The Standing Trap: Will a Spokeo Challenge Lock a Class Action Defendant into a State Court Forum?

Spokeo v. Robins – which confirmed that a plaintiff’s allegation of a defendant’s statutory violation without accompanying concrete harm fails to satisfy Article III’s “case or controversy” requirement – has brought the issue...more

Sheppard Mullin Richter & Hampton LLP

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

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