In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider. “AppellantContinue reading “Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal”
Tag Archives: Article III
District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit
In TB Foods USA, LLC v. American Mariculture, Inc., No. 22-12936 (11th Cir. June 18, 2024), the Eleventh Circuit holds that even when the parties agree to a substitution of a magistrate judge to receive the verdict at the end of a jury trial, they do not necessarily consent to the magistrate performing Article IIIContinue reading “District Court Judge Who Turned Jury Trial Over to a Magistrate to Catch His Flight Voided the Verdict, Holds Eleventh Circuit”
Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit
In Economic Loss Plaintiffs v. Abbott Laboratories, No. 23-2525 (7th Cir. Apr. 2, 2024), the Seventh Circuit holds that “a potential class of consumers who purchased infant formula manufactured by Abbott Laboratories at a facility later deemed unsanitary” failed to establish Article III standing based on “potential risk of injury.” “Abbott Laboratories produces powdered infantContinue reading “Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit”
Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing
In Do No Harm v. Pfizer, Inc., No. 23-15_(2d Cir. Mar. 6, 2024), a 2-1 panel of the Second Circuit holds that “an association must identify by name at least one injured member for purposes of establishing Article III standing under a summary judgment standard.” “Do No Harm, a nationwide membership organization, filed suit againstContinue reading “Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing”
Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit
In Reporters Committee for Freedom of the Press v. United States of America, No. 22-3326 (8th Cir. Mar. 1, 2024), the Eighth Circuit affirms dismissal of an action for lack of jurisdiction on the ground that there was no “adversity” between the parties, owing to the supposed failure of plaintiff to name a defendant inContinue reading “Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit”
Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually
In Brown v. CACH, Inc., No. 23-1308 (7th Cir. Feb. 29, 2024), the Seventh Circuit observes that a self-employed person may argue, as an Article III injury, that they were interrupted from remunerative work – even briefly – but that the injury must be proven, not assumed. In response to a call at home aboutContinue reading “Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually”
Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit
In Pool v. City of Houston, No. 22-2049 (5th Cir. Dec. 11, 2023), the Fifth Circuit dismisses a four-year-old First Amendment case for lack of subject-matter jurisdiction, where the court determines that “all parties have agreed from the beginning . . . that Houston’s [challenged] voter registration provisions governing circulators” are unconstitutional, and thus theContinue reading “Lack of “Adversity” Between Litigants Over a Constitutional Question Deprives Court of Article III Case or Controversy, Holds Fifth Circuit”
Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement
In Huber v. Simons Agency Inc., No. 22-2483 (3d Cir. Oct. 12, 2023), each judge on the panel arrived at a different outcome about whether a plaintiff under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692– 1692p, suffered an Article III injury because of receiving a debt-collection letter that arguably overstated theirContinue reading “Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement”
Seventh Circuit Contributes to Circuit Split About Whether a Breach of Contract Alone Is a Sufficient “Injury in Fact” for Article III Standing Purposes
In Dinerstein v. Google, LLC, No. 20-3134 (7th Cir. July 11, 2023), the Seventh Circuit is invited to decide whether a university hospital’s alleged disclosure of patient data to an on-line giant constituted a violation of state tort, contract or statutory law. But the panel bypasses this dispute and holds instead that the lead plaintiffContinue reading “Seventh Circuit Contributes to Circuit Split About Whether a Breach of Contract Alone Is a Sufficient “Injury in Fact” for Article III Standing Purposes”
Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95
In Mack v. Resurgent Capital Servs., L.P., No. 21-2792 (7th Cir. June 7, 2023), the Seventh Circuit reverses and remands a Fair Debt Collection Practices Act (FDCPA) lawsuit brought to collect $3.95 in postage, a claim held by the panel to confer Article III standing to bring the case in federal court. Since the SupremeContinue reading “Don’t Make A Federal Case Out Of It: Seventh Circuit Considers A Lawsuit For $3.95”
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