Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions...more
2/12/2025
/ CAFA ,
Class Action ,
Federal Court Litigation ,
Jurisdiction ,
Motion to Dismiss ,
Remand ,
Removal ,
Royal Canin USA Inc v Wullschleger ,
SCOTUS ,
Summary Judgment ,
Supplemental Jurisdiction
While a war rages on the issue of standing in data breach cases, the need to prove damages is presenting an even greater hurdle for plaintiffs, as we have noted previously. One clear illustration of this trend is Attias v....more
8/27/2019
/ Actual Damages ,
Appeals ,
Article III ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Data Breach ,
Dismissals ,
Economic Loss Doctrine ,
Jurisdiction ,
Remand ,
Standing
Following the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants...more
3/8/2019
/ Actual Damages ,
Article III ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Future Harm ,
Injury-in-Fact ,
Jurisdiction ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Damages