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We don’t know where we stand – three recent takes on injunctive relief standing in the Ninth Circuit

Takeaway: “Most courts to have considered the issue agree . . . that consumer plaintiffs cannot pursue injunctive relief if they are already aware of the alleged deceptive practice.” Ulrich v. Probalance, Inc., No. 16 C...more

The Spokeo Saga Continues: Ninth Circuit Finds That Incorrect Consumer Report About Age, Marital Status, Wealth, Education Level,...

Takeaway: In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) (“Spokeo II”), the Supreme Court ruled that not every statutory violation gives rise to a concrete injury for standing purposes. An inaccurate report of a person’s...more

The Ninth Circuit Affirms District Court’s Dismissal Of Putative Class Action Where Named Plaintiff Lacked Standing To Assert...

Takeaway: While courts continue to grapple with efforts by class action defendants to “pick off” a named plaintiff by mooting his or her individual damages claim, class representatives pressing claims for injunctive and...more

What does Spokeo mean? The Eleventh Circuit’s Unusual Debate about the U.S. Supreme Court’s Controversial Decision

Takeaway: The decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), where the U.S. Supreme Court evaluated Article III standing in the context of a federal statutory violation, continues to generate controversy. Since...more

Supreme Court Rules that Bare Statutory Violation without Other Concrete Harm Cannot Provide Federal Court Standing

On May 16, 2016, the United States Supreme Court issued its opinion in Spokeo v. Robins, No. 13-1339, which presented the question of whether a plaintiff has standing in federal court to assert a claim where the only...more

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