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Standing Telephone Consumer Protection Act Federal Jurisdiction

Epstein Becker & Green

Federal Jurisdiction and Review Standards at Issue in Cases Ranging from Terrorism to Tobacco - SCOTUS Today

Epstein Becker & Green on

With six more decisions, the U.S. Supreme Court decided no fewer than 11 cases in two business days last week, following 12 others over the previous two weeks. In other words, summer vacation is upon us, as the Court’s...more

Benesch

Be Careful What You Wish For: Lack of Article III Standing Comes Back to Bite TCPA Defendants

Benesch on

Defense arguments about a plaintiff’s lack of standing in federal court can come back to bite them, as shown by the Southern District of Florida’s recent decision in Guerra v. Newport Beach Auto. Grp. LLC, No. 21-20568, 2021...more

Faegre Drinker Biddle & Reath LLP

TCPA Plaintiff Argues he wasn’t Injured in Attempt to Dodge Federal Jurisdiction

Usually, it is the plaintiff that argues he or she was injured, not the defendant. But, in an effort to stay in state court, some TCPA plaintiffs have taken the counterintuitive position that they did not suffer an injury in...more

Womble Bond Dickinson

The Trend Continues: Court Denies Pro Se Plaintiff’s Motion to Remand TCPA Case Based on Lack of Article III Standing

Womble Bond Dickinson on

As the Baron reported last month, we’ve seen a recent trend in which plaintiffs have been using their own lack of Article III standing as a means to avoid federal jurisdiction. Yet again, we have another culprit… this time, a...more

Womble Bond Dickinson

Tracking the Trend: Court Holds Defendants Not Required to Allege Plaintiff’s Article III Standing in Removing TCPA Case From...

Womble Bond Dickinson on

We’re closely tracking the recent trend involving plaintiffs’ use of their lack of Article III standing as a basis to avoid federal jurisdiction. Last week we reported on a case in the Northern District of California that was...more

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