News & Analysis as of October 31, 2024

Supreme Court of the United States › Injury-in-Fact

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

Jackson Lewis P.C. on 7/17/2024

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more

A Big Day at the Court, with a Few Small, Unanimous Decisions - SCOTUS Today

Epstein Becker & Green on 2/9/2024

Yesterday might ultimately be remembered as among the most consequential days in the history of the Supreme Court and the nation. That will be determined when a decision in Trump v. Anderson is issued....more

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 4)

Seyfarth Shaw LLP on 1/19/2024

Seyfarth Synopsis: For the final blog in this series regarding the legacy of TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog closes its survey of federal Circuit Courts with key rulings from the...more

No Harm, No Foul? The Legacy of TransUnion Two Years Later (Part 3)

Seyfarth Shaw LLP on 1/2/2024

Seyfarth Synopsis: As reported here, for the two-year anniversary of the U.S. Supreme Court’s rulings regarding Article III standing in TransUnion LLC v. Ramirez (“TransUnion”), the Workplace Class Action blog is providing a...more

Does the Supreme Court’s Analysis in Thole v U.S., Bank, N.A. Apply to Welfare Benefit Plans?

Foley & Lardner LLP on 8/16/2023

In Thole v. U.S. Bank, N.A., 140 S Ct. 1615 (2020), the Supreme Court, in a five to four decision authored by Justice Kavanaugh, held that participants in an ERISA defined benefit pension plan did not have standing under...more

The Lack of Actual Injury Defense: The Landscape Since TransUnion

Carlton Fields on 7/10/2023

The 2023 Carlton Fields Class Action Survey found that the second most successful class action defense is the lack of any actual injury suffered by some or all of the class. It also found that this defense made a big jump in...more

U.S. Supreme Court to Resolve Circuit Split Over Whether ‘Testers’ Have Standing to Pursue ADA Suits

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2023

The Supreme Court of the United States agreed to hear a case concerning a self-appointed “tester’s” standing to bring claims alleging a hotel violated the Americans with Disabilities Act (ADA) by failing to provide...more

Eighth Circuit Holds Article III Standing Was Lacking for an Alleged Violation of the FCRA’s “Pre-Adverse Action” Notice Provision

Littler on 4/6/2022

On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more

Supreme Court Business Review: Significant Business Cases & Trends, 2019–2020 Terms

Troutman Pepper on 12/13/2021

The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more

AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA

Arnall Golden Gregory LLP on 10/29/2021

What is a CRA required to do when consumers request copies of their files? And what can prevent a consumer from suing if a CRA’s response does not comply with Section 609 of the FCRA? In this episode, AGG partner and co-chair...more

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts

Bradley Arant Boult Cummings LLP on 9/20/2021

Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021),...more

Supreme Court Reinforces Limits on Federal Court Standing, But Important Questions Remain

Goodwin on 8/5/2021

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, revisiting some of the Article III standing principles it had set forth in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), and addressing their...more

Fifth Circuit Holds Plaintiff Has Standing to Sue Under TCPA for Receipt of Single Text Message, Parting Ways with Eleventh...

King & Spalding on 8/5/2021

On May 26, 2021, the Fifth Circuit reversed a district court’s dismissal of a Telephone Consumer Protection Act (“TCPA”) putative class action arising from the transmission of a single text message to the plaintiff. The...more

Supreme Court Raises Standing Requirements for Data Breach Class Actions

Epiq on 8/4/2021

With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more

Supreme Court Provides Additional Guidance on FCRA Standing

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/23/2021

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit...more

Actual Harm Required in Consumer Class Actions for FCRA

Brownstein Hyatt Farber Schreck on 7/19/2021

In its recent TransUnion LLC v. Ramirez decision, the U.S. Supreme Court clarified that consumer plaintiffs must be able to demonstrate concrete harm from a defendant’s statutory violation to have standing to seek monetary...more

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

Wilson Sonsini Goodrich & Rosati on 7/16/2021

On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in...more

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

Harris Beach PLLC on 7/14/2021

On June 25, 2021, the United States Supreme Court issued its decision in TransUnion v. Ramirez, holding that consumer class action claims under the Fair Credit Reporting Act (FCRA) must allege the actual spread of misleading...more

US Supreme Court Clarifies Injury-in-Fact Plaintiffs Must Show To Have Standing To Assert Statutory Privacy Rights in Federal...

Kramer Levin Naftalis & Frankel LLP on 7/14/2021

On June 25, the U.S. Supreme Court handed down a 5-4 decision in TransUnion v. Ramirez that clarified the injury-in-fact plaintiffs must show to have standing to assert statutory privacy rights in federal court. This follows...more

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

Epstein Becker & Green on 7/14/2021

Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Supreme Court Addresses Class Action Standing in Ramirez Case: Requires “Concrete” Injury for Article III Standing for Class...

Sheppard Mullin Richter & Hampton LLP on 7/13/2021

The Supreme Court further limited consumer lawsuits in TransUnion, LLC v. Ramirez, siding with credit reporting agency TransUnion in a 5-4 decision holding that thousands of consumers improperly flagged as potential...more

‘TransUnion v. Ramirez’: High Court Rules Article III Standing Requires Proof of Concrete Injury

Rumberger | Kirk on 7/9/2021

In March 2021, the Supreme Court heard arguments in TransUnion LLC v. Ramirez, a case that had potential to significantly impact plaintiffs’ abilities to sue for the violation of federal statutes. The Court released its...more

SCOTUS Rejects Intangible Statutory Injuries as Basis for Class Member Standing and Sets Stage for Renewed Emphasis on Standing at...

Skadden, Arps, Slate, Meagher & Flom LLP on 7/8/2021

On June 25, 2021, the U.S. Supreme Court decided TransUnion LLC v. Ramirez, holding long after a jury verdict that three quarters of a certified class of more than 8,000 Fair Credit Report Act (FCRA) class members lacked...more

Supreme Court Narrows FCRA Class By More Than 75% Finding That The Majority Of The Class Lacked Standing

Womble Bond Dickinson on 7/8/2021

In TransUnion v. Ramirez, 2021 U.S. Lexis 3401 (U.S. June 25, 2021), Justice Kavanaugh, joined by Roberts, C.J. and Alito, Gorsuch, and Barrett, J.J., reversed the almost $40 million award affirmed by the Ninth Circuit Court...more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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Supreme Court of the United States › Injury-in-Fact

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