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Plaintiffs Who Plead That Session Replay Code Embedded in Retail Websites Captured Personally Identifying Information Alleged an Injury in Fact for Article III Standing Purposes, Holds Third Circuit

In In re BPS Direct, LLC; Cabela’s, LLC Wiretapping Litig., No. 23-3235 (3d Cir. May 11, 2026), the Third Circuit holds that customers whose allege that their visits to retail websites were surreptitiously captured by session replay code (SRC), which thereby saved their personally identifying information, plead a sufficient injury-in-fact under Article III standing to…

pwmollica1961's avatar by pwmollica1961

Split Seventh Circuit Panel Holds That Government Waived Argument for Limitation on Injunctive Relief in 8 U.S.C. § 1252(f)(1), Interpreting That Section as Non-Jurisdictional

In Castañon-Nava v. U.S. Dep’t of Homeland Security, No. 25-3050 (7th Cir. May 5, 2026), a divided panel (with a concurrence in the judgment and a dissent) holds that 8 U.S.C. § 1252(f)(1) of the Immigration and Naturalization Act, which governs judicial review of orders of removal, is a limitation on relief rather than on federal…

pwmollica1961's avatar by pwmollica1961

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