Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection
Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
Recent Trends in Article III Standing - The Consumer Finance Podcast
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
AGG Talks: Background Screening - A Refresher on Responding to Consumer File Requests under Section 609 of the FCRA
Law School Toolbox Podcast Episode 313: Listen and Learn -- The Basics of Justiciability (Con Law)
#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This Week®
SCOTUS Watch: The ACA and Key Health Law Areas Justice Barrett Could Impact - Diagnosing Health Care Podcast
Bar Exam Toolbox Podcast Episode 110: Listen and Learn -- The Basics of Justiciability (Con Law)
Let's Talk Child Custody
Podcast: Texas v. United States of America
Supreme Court’s Rulings On Same-Sex Marriage Spark Many Questions On Employee Benefits
DynCorp's 'Strategic' Defense In Drug Crop Spraying Suit
Bill on Bankruptcy: MF Global Creditors Undeterred by Low Value
Same-Sex Marriage Cases in 90 Seconds
The United States District Court for the Middle District of Tennessee (“Court”) in a March 6th Opinion addressed an issue arising out of a citizen suit action filed under the Clean Water Act, 33 U.S.C. §§ 1251-1389 (“CWA”)...more
In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more
On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more
This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more
Earlier this week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the...more
On Wednesday, the 9th Circuit granted a petition for mandamus from the United States and ordered the District Court to dismiss the complaint in Juliana v. United States. The 9th Circuit had previously ordered the case...more
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more
In its recent decision in Utah Physicians for a Healthy Environment (UPHE) v. Diesel Power Gear, LLC, et al., a matter involving the hosts of Discovery Channel’s popular show “Diesel Brothers,” the Tenth Circuit Court of...more
A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more
This week, the Court considered the retroactivity of California’s Proposition 22—which designates “app-based drivers” as independent contractors under certain conditions—and addressed the requirements for Clean Water Act...more
A United States District Court (D. South Carolina) (“Court”) addressed in a September 21st Order a procedural motion (judgment on the pleadings) filed by a plastic-pellet packager related to alleged federal environmental...more
On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more
In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more
Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government had violated the their rights by...more
No longer only a tool of public interest groups, an ever expanding group of plaintiffs – including commercial plaintiffs – are using the citizen suit provision of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C....more
Although citizen groups have suffered some defeats in Clean Air Act cases in the NSR/PSD context recently, a decision last week in a different kind of CAA case is a reminder of just how powerful a weapon citizen suits can be,...more
Seyfarth Synopsis: U.S. Supreme Court: mere violation of a statute creating a private right of action is not itself sufficient to satisfy the standing requirement under Article III’s “case or controversy.” To establish...more