Plaintiffs Lack Standing in Suit to Order National Archivist to Publish Equal Rights Amendment, Holds First Circuit

In Equal Means Equal v. Ferriero, No. 20-1802 (1st Cir. June 29, 2021), the First Circuit holds that two orgnaizations and an individual citizen lacked an “injury” for standing in a lawsuit to order the National Archives to record the Equal Rights Amendment as “the duly ratified 28th Amendment to the U.S. Constitution.” “The plaintiffsContinue reading “Plaintiffs Lack Standing in Suit to Order National Archivist to Publish Equal Rights Amendment, Holds First Circuit”

Suit by Heir Over Deceased Parent’s Investment Does Not Fall Under Probate Exception to Diversity, Holds Eleventh Circuit

In Fisher v. PNC Bank, N.A., No. 20-10110 (11th Cir. June 29, 2021), the Eleventh Circuit reverses dismissal of a state-law conversion and fraud action, finding that there is diversity jurisdiction and standing. The panel rejects the bank’s argument that the claim, concerning a joint account with an accountholder who died, falls within the probateContinue reading “Suit by Heir Over Deceased Parent’s Investment Does Not Fall Under Probate Exception to Diversity, Holds Eleventh Circuit”

Fifth Circuit Splits with Eleventh, Holds That Receipt of a Single Robotext in Violation of TCPA Creates Article III Standing

In Cranor v. 5 Star Nutrition, No. 19-51173 (5th Cir. May 26, 2021), the panel holds that even a single robotext in violation of the Telephone Consumer Protection Act of 1991 (“TCPA”) is analogous to a common-law public nuisance, and thus an injury to confers Article III standing. 5 Star Nutrition, an Austin-based nutritional supplementContinue reading “Fifth Circuit Splits with Eleventh, Holds That Receipt of a Single Robotext in Violation of TCPA Creates Article III Standing”

Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing

A couple of weeks ago, Judge Newsom of the Eleventh Circuit made a splash with a long, scholarly concurring opinion suggesting a complete refurbishing of standing doctrine. (See May 6, 2021 entry.) Last Friday, in Markakos v. Medicredit, Inc., No. 20-2350 (7th Cir. May 14, 2021), two more judges of the Seventh Circuit express theirContinue reading “Two Judges of the Seventh Circuit Say That They, Too, Are Getting Fed Up with Spokeo and Standing”

Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing

In Maddox v. Bank of N.Y. Mellon Tr. Co., No. 19-1774 (2d Cir. May 10, 2021), a split panel holds that statutory damages under New York’s mortgage-satisfaction-recording statutes support Article III standing. New York’s mortgage-satisfaction-recording statutes, N.Y. Real P. Law (“R.P.L.”) § 275, N.Y. Real P. Actions & Proc. L. (“R.P.A.P.L.”) § 1921, provides anContinue reading “Second Circuit Holds That State Statutory Law Can Create Legally Protected Interests That Support Article III Standing”

Eleventh Circuit Holds Deaf User of City Website Had Standing to Sue, While Concurring Opinion Urges Complete Overhaul of Injury-in-Fact Inquiry for Article III Standing

In Sierra v. City of Hallandale Beach Fla., No. 19-13694 (11th Cir. May 6, 2021), the panel holds that a deaf visitor to a municipal website had standing to challenge the lack of closed captioning on the videos. Judge Newsom, in a 57-page separate opinion, expresses “doubt that current standing doctrine—and especially its injury-in-fact requirement—isContinue reading “Eleventh Circuit Holds Deaf User of City Website Had Standing to Sue, While Concurring Opinion Urges Complete Overhaul of Injury-in-Fact Inquiry for Article III Standing”

Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes

In McMorris v. Carlos Lopez & Assocs., LLC, No. 19-4310 (2d Cir. Apr. 27, 2021), the Second Circuit holds that state-law claims for an intraoffice data leak may constitute an “actual injury” for Article III standing purposes, though in this case plaintiffs factually failed to allege an injury for taking “proactive measures.” Defendant CLA “providesContinue reading “Second Circuit Holds That the Costs of “Proactive Measures” to Avoid Identity Theft Is Not an Actual Injury for Title III Purposes”

Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit

In PDVSA US Litig. Trust v. Lukoil Pan Americas, LLC,.No. 19-10950 (11th Cir. Oct. 18, 2021), the plaintiff-appellant failed to raise its best argument on appeal – that the district court decided the central legal issue on the merits on a Fed. R. Civ. P. 12(b)(1) motion to dismiss – and thus loses under theContinue reading “Plaintiff That Let Fed. R. Civ. P. 12(b)(1) Procedural Error Slip Forfeits Subject-Matter Jurisdiction Under Doctrine of Party Presentation, Holds Eleventh Circuit”

Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling

In O’Hanlon v. Uber Technologies Inc., No. 19-3891 (3d Cir. Mar. 17, 2021), the panel rejects defendant-appellee Uber’s argument that the Court of Appeals must take up a standing issue along with its interlocutory review of an arbitration decision. “We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial ofContinue reading “Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling”

First Circuit Finds Pre-Enforcement Challenge by State Lottery Commission to Justice Department’s Memoranda on Interstate Wagering Is Justiciable

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”