A Survey of State Standing Where Federal Standing Fails
Every lawyer knows that in order to sue in federal court, plaintiffs must show that they are not merely raising abstract disputes, but have actually suffered concrete injuries. As the Supreme Court has long held, that requirement is built into Article III, section 2 of… Read More
SCOTUS To Address Standing of Class Members
The U.S. Supreme Court will soon hear argument in a Fair Credit Reporting Act (“FCRA”) class-action case out of the Ninth Circuit, Ramirez v. TransUnion LLC, 951 F.3d 1008 (9th Cir. 2020), cert. granted in part sub nom. TransUnion LLC v. Ramirez, Sergio L., No. 20-297,… Read More
Sixth Circuit Rejects Certification of Negotiation Class as Unauthorized by Rule 23
On September 24, 2020, a divided panel of the Sixth Circuit rejected a trial court’s novel attempt to use Rule 23 to create a class for negotiation purposes only. In re: Nat’l Prescription Opiate Litig., ___ F.3d ___, 2020 WL 5701916 (6th Cir. Sept. 24,… Read More
On Novel Grounds, Philadelphia Judge Rejects Uber’s Bid to Arbitrate Passenger’s Personal Injury Claim
By Charles B. Casper and Robert E. Day If your company uses an online agreement and sells to Philadelphia residents, you will want to know about a January 3, 2020 Philadelphia Court of Common Pleas ruling in Kemenosh v. Uber Technologies, Inc. The court refused to… Read More
Third Circuit Joins Majority of Circuits in Holding that Simply Receiving a Receipt that Shows Too Many Credit Card Digits Does Not Confer Article III Standing to Sue Under FACTA
On March 8, 2019, the Third Circuit became the third federal court of appeals to hold that a shopper alleging he or she received a receipt displaying too many digits of a credit card number—in violation of the Fair and Accurate Credit Transactions Act’s ban… Read More
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FACTASupreme Court: FAA Does Not Apply to Arbitration Agreements with Interstate or Foreign Transportation Workers
On January 8, the Supreme Court handed down its second unanimous opinion on arbitration in as many weeks, New Prime Inc. v. Oliveira, 586 U.S. ___ (Jan. 15, 2019). The first opinion, Schein (as discussed here) requires courts to interpret delegation clauses strictly and enforce… Read More
Supreme Court Finds “Wholly Groundless” Exception in Arbitrability Disputes to be Wholly Groundless
In Justice Brett Kavanaugh’s first opinion, Henry Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. ___ (Jan. 8, 2019), the Supreme Court rejected the “wholly groundless” exception to the enforcement of certain arbitration delegation clauses. The opinion provides the Court’s most recent reminder… Read More
Eleventh Circuit Finds Standing in a FACTA Case but Maintains its Decision Does Not Create a Circuit Split
On Wednesday of last week, the Eleventh Circuit did what no other post-Spokeo federal court of appeals has done. It held that a plaintiff alleging a willful violation of the Fair and Accurate Credit Transactions Act (“FACTA”) based on being given a receipt that showed… Read More
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FACTAThird Circuit Finds Plaintiffs Have Standing to Sue SEPTA for Only One of Two Claimed Violations of the Fair Credit Reporting Act
Earlier this week, the Third Circuit issued its decision in Long v. SEPTA, No. 17-1889, 2018 WL 4290046 (3d Cir. Sept. 10, 2018)—another in a series of decisions from that court on Article III standing in cases where plaintiffs allege that a defendant’s violation of… Read More
Ninth Circuit Restricts Vicarious Liability in TCPA Class Action
In Kristensen v. Credit Payment Services Inc., the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment that lenders and marketers who did not ratify the actions of a third-party publisher were not vicariously liable under the Telephone Consumer Protection… Read More
