In New Hampshire Lottery Comm’n v. Rosen, No. 19-1835 (1st Cir. Jan. 20, 2021), the panel holds that it had jurisdiction over New Hampshire’s challenge to the Department of Justice (DOJ) memoranda about enforcement of the Wire Act which, if implemented, might prevent the state from selling lottery tickets over the internet. Section 1084(a) ofContinue reading “First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable”
Tag Archives: Injury
Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit
In Thornley v. Clearview AI, Inc., No. 20-3249 (7th Cir. Jan. 14, 2021), a plaintiff fighting removal of her Illinois class action from state court persuades the Seventh Circuit that the federal courts lacked subject-matter jurisdiction over her claim. “Illinois’s Biometric Information Privacy Act, familiarly known as BIPA, provides robust protections for the biometric informationContinue reading “Plaintiff Gets Her Own Lawsuit Dismissed on Spokeo Grounds in Seventh Circuit”
Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings
On December 14 and 15, 2020, four different panels of the Seventh Circuit issued five published opinions, holding on various grounds that the Fair Debt Collection Practices Act (FDCPA) plaintiffs failed to plausibly allege an injury under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) … but holding in one case that there mightContinue reading “Seventh Circuit Finds No Standing in Four FDCPA Appeals, Remands Fifth for Further Findings”
“Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing
In McGee v. Diamond Foods, Inc., No. 17-55577 (9th Cir. Dec. 4, 2020), the Ninth Circuit affirms dismissal of a lawsuit against a snack food company alleging adulteration with an unhealthy ingredient, finding no Article III injury in fact. “McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty ofContinue reading ““Pop Secret” Lawsuit Fails to Fluff, When Ninth Circuit Finds No Article III Standing”
County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit
In Kearns v. Cuomo, No. 19-3769 (2d Cir. Nov. 30, 2020), the Second Circuit holds that a county clerk failed to allege an Article III injury in a case that claimed a conflict between the demands of the federal Immigration and Nationality Act and a state law that restricts disclosure of data gathered from driver’sContinue reading “County Clerk in New York Lacked Standing to Challenge State’s Driver’s License Access and Privacy Act on Preemption Grounds, Holds Second Circuit”
$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit
In Muransky v. Godiva Chocolatier, Inc., No. 16-16486 (11th Cir. Oct. 28, 2020) (en banc), a 7-3 court (with two absententions) tossed a Fair and Accurate Credit Transactions Act (FACTA) settlement on the ground that the class representative did not allege a concrete injury from having too much of his credit card number printed onContinue reading “$6.3MM FACTA Class Settlement Flushed on Spokeo Standing Grounds by En Banc Eleventh Circuit”
Paul Mollica's Federal Courts Blog 