News & Analysis as of

Standing Jurisdiction Appeals

Epstein Becker & Green

Upholding State Exclusion of Planned Parenthood from Medicaid, and Three Other Split Decisions - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court decision yesterday that likely will get the most attention is Medina v. Planned Parenthood South Atlantic, in which a 6–3 Court that lined up according to the conservative vs. liberal stereotype, held...more

McGinnis Lochridge

Are Statute of Limitations Battles Becoming the New Frontline in Water Injection Cases?

McGinnis Lochridge on

When your neighbor's wastewater tanks your oil wells, when exactly can you sue? A Texas court wrestles with a timing question reshaping industry battles....more

Pierce Atwood LLP

After Oral Argument, Supreme Court Dismisses Labcorp Appeal of Class Certification Based On Article III Standing and Circuit Split...

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On April 29, 2025, the Supreme Court heard oral argument in Labcorp v. Davis, in which it considered the question of whether Article III standing must be determined for all members of the class, including uninjured members,...more

Kelley Drye & Warren LLP

Court of International Trade Finds Tariffs Imposed Pursuant to IEEPA Unlawful

On May 28, 2025, in a major development, a three-judge panel of the United States Court of International Trade (“CIT”) held that President Trump’s recent imposition of tariffs pursuant to the International Emergency Economic...more

Foley & Lardner LLP

Will Supreme Court Punt on Circuit Split Over Article III Standing in Class Actions?

Foley & Lardner LLP on

On April 29, 2025, the Supreme Court heard argument on an issue that has divided the circuits: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the...more

Carlton Fields

Florida Appeals Court Decisions Week of April 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Rivers - search and seizure, sentencing - Bidi Vapor v. USFDA - administrative review, pre-market tobacco product application - Henry v. Tuscaloosa Sheriff - sex...more

Carlton Fields

Florida Appeals Court Decisions: Week of January 20-24, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 23-27, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

Carlton Fields on

USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields on

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

McDermott Will & Emery

Getting to the Core of It: Assignment Clause Is Ambiguous

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated and remanded a district court’s grant of summary judgment, finding that the language used in an invention assignment clause was subject to more than one reasonable...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Pierce Atwood LLP

Supreme Court Dismisses ADA Website Accessibility Class Action for Mootness, Vacates First Circuit Decision

Pierce Atwood LLP on

At the close of 2023, the Supreme Court dismissed the appeal of petitioner Acheson in Acheson Hotels, LLC v. Laufer as moot and vacated the underlying decision by the First Circuit that Laufer had constitutional standing to...more

Womble Bond Dickinson

11th Circuit Finds One Unwanted Text Message Sufficient to Allow Standing to File Suit in Drazen v. Pinto

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In the case of Drazen v. Pinto, the 11th Circuit Court of Appeals sitting en banc ruled unanimously that plaintiffs who received a single unwanted telemarketing text message suffered a concrete injury. In 2019, Susan...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Easements And Bankruptcy Standing

This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more

Knobbe Martens

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

Knobbe Martens on

MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2020 #2

AntennaSys, Inc. v. AQYR Techs., Inc., Appeal No. 2019-2244 (Fed. Cir. Oct. 7, 2020) - In the only precedential opinion issued by the Federal Circuit this week, the Court declined to reach the merits of a judgment of...more

Patterson Belknap Webb & Tyler LLP

Flushable Wipes, Take Three: The Second Circuit Gets Injunctive Standing Right, But Classwide Damages Models Wrong

As our readers know, we’ve kept a close eye on the “flushable wipes” litigation—known variously as Kurtz v. Costco and Belfiore v. Procter & Gamble—as it has bounced between Judge Weinstein’s courtroom in the Eastern District...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

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