Monthly Archives: April 2023

Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit

In Fox v. Saginaw Cnty., Mich., No. 11-1265 (6th Cir. Apr. 28, 2023), the Sixth Circuit holds that even in a putative Fed. R. Civ. P. 23 class action, a representative plaintiff only has standing to sue the entities that injured them. It rejects the “juridical link” doctrine adopted by the Seventh Circuit in PaytonContinue reading “Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit”

Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case

In Phoenix Light SF Ltd. v. Bank of N.Y. Mellon, No. 22-239 (2d Cir. Apr. 26, 2023), the Second Circuit holds that it does not need to reach a complex Article III standing issue when the case could be decided on a straightforward issue of issue preclusion. “[W]e join the Ninth Circuit in concluding thatContinue reading “Second Circuit Agrees with Ninth Circuit That Court Can Bypass Article III Standing Issue to Address Issue Preclusion As Alternative Basis for Dismissing Case”

Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage

In TocMail Inc. v. Microsoft Corp., No. 22-10223 (11th Cir. Apr. 25, 2023) (per curiam), the Eleventh Circuit dismisses an appeal by a cybersecurity company suing Microsoft for false advertising under the Lanham Act, holding that at the summary judgment stage it failed to establish any grounds for proving lost profits or any other cognizableContinue reading “Eleventh Circuit Holds That Competitive Injury Must Be Proved, Not Presumed, to Establish Injury-In-Fact for Article III Standing at Summary Judgment Stage”

Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below

In Kimberly Regenesis, LLC v. Lee County, No 21-13880 (11th Cir. Apr. 10, 2023) (per curiam), the Eleventh Circuit dismisses the appeal of a county and a country commissioner of an order denying absolute quasi-judicial immunity from sitting for a deposition, holding that the commissioner forfeited the right to appeal by neither opposing the depositionContinue reading “Eleventh Circuit Holds That Non-Party Lacked Appellate Standing to Challenge Immunity Order Where He Did Not Participate in the Action Below”