Tag Archives: standing

Once Again, Clapper Defeats Data Breach Class Action

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.

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

Clapper and Data Breach Litigation

In Clapper v. Amnesty International USA,  133 S. Ct. 1138 (2013), the Supreme Court recently held that individuals claiming injury from the federal government’s right to conduct electronic surveillance under the Foreign Intelligence Surveillance Act (FISA),  50 U.S.C. § 1881a, lacked standing to pursue their claims.  In reaching its holding, the Court made statements that should … Continue Reading

Seventh Circuit Allows Settling Plaintiff to Appeal Decertification

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

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

Eighth Circuit Denies Certification of UCL Claim

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
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