Archives: Standing

Florida Requires Concrete Injury For Standing

By Joel Griswold on July 14, 2022 Posted in Civil Procedure, Standing

On July 13, 2022, the Florida District Court of Appeal for the Fourth District affirmed an order dismissing a putative class action filed under the federal Fair and Accurate Credit Transactions Act (FACTA) for lack of standing. Southam v. Red Wing Shoe Company, Inc., No. 4D21-3338 (July 13, 2022). FACTA provides, in part, that “except … Continue Reading

Supreme Court To Decide CAFA Pleading Standard

By Patrick T. Lewis on April 8, 2014 Posted in Class Action Fairness Act, Standing

On April 7th, the Supreme Court granted certiorari in Dart Cherokee Basin Operating Company, LLC v. Owens, a case originating from the Tenth Circuit. In that case, the Court will resolve a circuit split over the pleading standard applicable to determining CAFA removal jurisdiction. The question presented is: Whether a defendant seeking removal to federal court … Continue Reading

IRS Fighting Hard to Avoid Tea Party Class Action Claims

By Jennifer Benda on February 17, 2014 Posted in Class Actions Privacy, Rule 12 Motions to Dismiss, Standing

The IRS recently filed a motion to dismiss class action claims brought by Tea Party groups. In NorCal Tea Party Patriots, et. al. v. IRS, et. al., S.D. Ohio, Case No. 1:13-cv-00341, Tea Party groups asserted that the IRS singled out their organizations when those organizations sought exemption from taxation pursuant to Section 501(c)(4) of … Continue Reading

Once Again, Clapper Defeats Data Breach Class Action

By Judy Selby on February 14, 2014 Posted in Class Actions Privacy, Class Certification, Consumer Fraud, Data Breach, Rule 12 Motions to Dismiss, Standing

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal court relied on the United States Supreme Court’s decision in Clapper v. Amnesty Intern. USA, 133 S.Ct. 1138 (2013), and held … Continue Reading

When is the Proper Time To Challenge Standing in Class Actions? New Jersey Says To Wait Until Class Certification.

By Casie Collignon on December 13, 2013 Posted in Advertising Class Action, Rule 12 Motions to Dismiss, Standing

On Monday, a New Jersey federal judge denied a motion to dismiss for lack of standing in a deceptive marketing class action in which the named plaintiffs had not purchased a number of the named products. This decision effectively held that, in a class action, the appropriate time to analyze standing is at the class … Continue Reading

Seventh Circuit Allows Settling Plaintiff to Appeal Decertification

By Matthew J. Moody on August 19, 2012 Posted in Standing

The Seventh Circuit ruled recently in Espenscheid v. DirectSat USA, LLC, No. 12-1943, 2012 WL 3156326 (7th Cir. Aug. 6, 2012), that a class representative may appeal a class decertification order notwithstanding his havng settled with the defendant. Writing for the Seventh Circuit, Judge Richard Posner held that a settling class representative could maintain standing to … Continue Reading

Supreme Court Dismisses Statutory Standing Case

By Patrick T. Lewis on July 11, 2012 Posted in Civil Procedure, Class Action Trends, Insurance, Standing

Contributing Author: Christina Marino On the last day of the 2011 Term, the Supreme Court dismissed First American Financial Corp. v. Edwards, No. 10-708, 2012 WL 2427807 (June 28, 2012), a case that raised the issue of whether plaintiffs have standing to sue for violations of federal statutes, even when the plaintiffs have suffered no … Continue Reading

Data Breach Class Action Against Google Allowed to Proceed Under Stored Communications Act

By Deborah Renner on April 2, 2012 Posted in Class Action Trends, Data Breach, Standing

In most consumer fraud and other class actions, the decisive point in the litigation is often the class certification battle, where the stakes are high as the costs to a company in terms of money and reputation are on the line. Before ever getting to the class certification stage, defendants typically try to knock the claims … Continue Reading

Eighth Circuit Denies Certification of UCL Claim

By Brett Wall on January 2, 2012 Posted in Consumer Fraud, Standing

The Eighth Circuit’s 2010 decision in Avritt v. Reliastar Life Insurance Co., 615 F.3d 1023 (8th Cir. 2010) denied class certification for, among other claims, a California Unfair Competition Law claim where class members could not prove through uniform evidence that the defendants engaged in misconduct. Two subsequent California federal cases have, however, not been … Continue Reading