In Greenberg v. Lehocky, No. 22-1733 (3d Cir. Aug. 29, 2023), the Third Circuit reverses a preliminary injunction against Pennsylvania’s recently adopted professional responsibility rule, PRPC 8.4(g), prohibiting discrimination and harassment in the practice of law. It holds that the plaintiff, a lawyer who lectures on free-speech issues, demonstrated no credible threat that he wouldContinue reading “Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds”
Tag Archives: Injury
Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students
In Louisiana State v. Jefferson Parish School Board, No. 22-30143 (5th Cir. Aug. 22, 2023), the Fifth Circuit dismisses the State of Louisiana’s continuation of a case in federal court against a local school board that sought to discipline two student who displayed weapons during remote-learning sessions during the COVID lockdown. (The original decision wasContinue reading “Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students”
Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits
In Drazen v. Pinto, No. 21-10199 (11th Cir. July 24, 2023), the en banc Eleventh Circuit reverses itself and holds that a single junk text confers Article III standing on a consumer under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(1)(A)(iii). See my May 27, 2021 post on the same topic.Continue reading “Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits”
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”
Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock
In Braidwood Mgt. v. EEOC, No. 22-10145 (5th Cir. June 20, 2023), the Fifth Circuit holds that a for-profit “Christian” business and a non-denominational Christian church suffered a concrete injury from prospective enforcement of a guidance by the federal Equal Employment Opportunity Commission (EEOC) sufficient to support Article III standing. The guidance at issue isContinue reading “Fifth Circuit Holds That Employers Have Standing to Pursue Pre-Enforcement Challenge to the EEOC’s Enforcement Guidance on Bostock”
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”
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”
Fourth Circuit Joins First and Eleventh in Holding That a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing
In Laufer v. Naranda Hotels, LLC, No.20-2348 (4th Cir. Feb. 15, 2023), the Fourth Circuit holds that a disabled customer had Article III standing to pursue her ADA claim against a Baltimore, MD hotel with an allegedly non-compliant website. I previously discussed this issue in a October 5, 2022 blog entry. “According to [her] Complaint,Continue reading “Fourth Circuit Joins First and Eleventh in Holding That a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”
Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change
In State of Missouri v. Biden, No. 21-3013 (8th Cir. Oct. 19, 2022), the Eighth Circuit rejected a challenge by thirteen states to the president’s executive order reinstating a governmental taskforce on climate change, abrogating several executive orders of the past administration, and directing that climate data be gathered for regulatory cost-benefit analysis. The decisionContinue reading “Eighth Circuit Sides with Fifth Circuit that States Lack Article III Standing to Challenge the Biden Administration’s Executive Order on Climate Change”
First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing
In Laufer v. Acheson Hotels, LLC, No. 21-1410 (1st Cir. Oct. 5, 2022), the First Circuit agreed with the Eleventh Circuit – and broke with the Second, Fifth, and Tenth Circuits – that a disabled tester suffers an injury, worthy of Article III standing, when they cannot access information on a hotel reservation website inContinue reading “First Circuit Sides with Eleventh Circuit in Holding that a Disabled Tester Incurs an Informational Injury When Denied Access to Information on a Hotel Website, Creating Article III Standing”
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