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Standing › Evidence › Injury-in-Fact

BakerHostetler

Article III and Rule 23: Fourth Circuit Holds That Individualized Article III Issues Preclude Class Certification

BakerHostetler on

For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more

Sheppard Mullin Richter & Hampton LLP

Lack of Standing Dooms Organizational Plaintiffs’ False Advertising Claims; Such a Challenge Can Be Brought at Any Time

Sheppard Mullin Richter & Hampton LLP on

Challenges based on lack of standing can be brought at any time and, in Friends of the Earth v. Sanderson Farms, Inc., 2019 U.S. Dist. LEXIS 127964 (N.D. Cal. July 31, 2019), the court dismissed a putative class action for...more

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