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Standing Vacated

Troutman Pepper

Eighth Circuit Vacates Defense Summary Judgment on FDCPA Claim Due to Plaintiff’s Lack of Standing

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Earlier this month, the U.S. Court of Appeals for the Eighth Circuit vacated summary judgment for the defense on various claims under the Fair Debt Collection Practices Act (FDCPA) because the plaintiff lacked subject matter...more

Troutman Pepper

Third Circuit Holds “Confusion, Without More” Is Not Enough to Confer Standing Under the FDCPA

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The U.S. Court of Appeals for the Third Circuit has recently underscored the fact that a plaintiff does not automatically gain Article III standing under the Fair Debt Collections Practices Act (FDCPA) simply because they are...more

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

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At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

Jackson Lewis P.C.

U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue

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The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v....more

BakerHostetler

Sixth Circuit Sides with BakerHostetler Client’s Amicus Position - Putative Class Plaintiff Lacked Standing

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In a recent opinion, the United States Court of Appeals for the Sixth Circuit vacated an order certifying a class of essentially all Ohio residents claiming contact with some level of per- and polyfluoroalkyl substances (also...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Troutman Pepper

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

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On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Faegre Drinker Biddle & Reath LLP

Florida District Courts Increasingly Staying FTSA Cases as 11th Circuit Threatens to Overturn Salcedo

Plaintiffs’ attempts to keep FTSA cases venued in Florida state courts are being upended by the Eleventh Circuit’s recent decision to revisit en banc its Article III standing precedent in single-text message cases....more

Troutman Pepper

No Standing for Injunctive Relief: Eleventh Circuit Vacates Brain Performance Supplement Class Action Settlement

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On April 12, the Eleventh Circuit Court of Appeals vacated an $8 million class-action settlement for lack of standing. While the issue was not raised by the district court or either party on appeal, the court ruled that the...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McGuireWoods LLP

Fourth Circuit Vacates and Remands Class Certification Decision in Accordance with Supreme Court’s Directive to Consider Ramirez’s...

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On October 28, 2022, the U.S. Court of Appeals for the Fourth Circuit in Alig v. Rocket Mortgage vacated and remanded for reconsideration a district court order certifying a class of mortgage borrowers, highlighting an...more

Carlton Fields

Eleventh Circuit Vacates Class Settlement in GoDaddy TCPA Suit Based on Improper Class Definition

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The U.S. Court of Appeals for the Eleventh Circuit recently solidified an important rule about class standing: the definition of a class in a settlement agreement must be limited to class members with Article III standing....more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Blazes 'Middle Ground' Approach to PAGA Intervention

On August 18, 2022, the California Court of Appeal (Fifth District) decided Porras v. Chipotle Servs., LLC, No. F081113, 2022 WL 3499646, rejecting a former employee’s attempt to vacate a $4.9 million Private Attorneys...more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit Applies TransUnion and Vacates Class Certification

The Eleventh Circuit recently decertified a TCPA settlement class because the class definition included members who could never have Article III standing under Eleventh Circuit precedent.  Drazen v. Pinto, — F.4th –, No....more

Foley & Lardner LLP

Class Victory Vacated as Seventh Circuit Adds to Current Split Over Standing and Intangible Injuries

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The Seventh Circuit rejected emotional distress and other intangible injuries as a basis for Article III standing in a class action seeking statutory damages under the Fair Debt Collection Practices Act (FDCPA). In Pierre v....more

McDermott Will & Emery

Exclusive Licensee Has Constitutional but Not Statutory Standing

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The US Court of Appeals for the Federal Circuit vacated the dismissal of an exclusive licensee’s complaint for lack of statutory and constitutional standing, despite affirming that the licensee had no statutory standing where...more

Ballard Spahr LLP

11th Circuit Vacates Prior Hunstein Opinion but Leaves Door Open for Hunstein Copycat Claims to Continue

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On October 28, 2021, in a 2-1 split panel decision, the 11th Circuit Court of Appeals vacated its prior opinion in Hunstein v. Preferred Collection and Management Services, Inc. (published at 994 F.3d 1341 (11th Cir. 2021)),...more

Goodwin

ERISA Litigation Update - October 2021

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Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more

Knobbe Martens

Concrete Plans Establish Standing for IPR Appeals

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GENERAL ELECTRIC COMPANY v. RAYTHEON TECHNOLOGIES CORP. Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A party has standing to appeal an adverse IPR decision if it has concrete...more

McDermott Will & Emery

Define Frustration: Appealing from Decision in Suit Against Co-Owner’s Wholly Owned Subsidiary with Major Issues Still Undecided

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The US Court of Appeals for the Federal Circuit vacated a grant of summary judgment of non-infringement and remanded for resolution of numerous factual issues in a case addressing “extremely frustrating” issues involving the...more

Troutman Pepper

Federal Circuit Review - Issue 278

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278-1. Federal Circuit Remands Patent Infringement Case to Answer Patent Ownership and License to Practice Questions - The Federal Circuit recently vacated a grant of summary judgment of non-infringement of a patent,...more

King & Spalding

Ninth Circuit Reverses District Court’s Ruling that Class Representative Had Standing to Sue Company with Whom It Had No Dealings...

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On July 23, the Ninth Circuit vacated the district court’s judgment in favor of the plaintiff in Bahamas Surgery Center LLC v. Kimberly-Clark Corporation, a class action that was tried to a $454 million verdict in April 2017....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - August 2020

Interpreting Bristol-Myers : Are Unnamed Members of Nationwide Class Actions ‘Parties’? If So, When? In 2017, the Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California (BMS), holding that a...more

McDermott Will & Emery

GOOGLES Wins Right to Sue Google

The US Court of Appeals for the Second Circuit vacated and remanded a district court’s dismissal of a trademark dispute for lack of subject matter jurisdiction, noting that the dispute arose under contractual standing, which...more

Troutman Pepper

The Federal Circuit Finds Article III Standing

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Grit Energy Solutions, LLC v. Oren Technologies, LLC, Appeal No. 2019-1063 (Fed. Cir.. April 30, 2020). Grit Energy filed a petition for inter partes review against Oren’s U.S. Patent No. 8,585,341 pertaining to systems of...more

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