standing

Quickhits: Federal Judge Dismiss Aetna Data Breach Case Due to Lack of "Injury-in-fact"

March 12, 2010 21:23

A Federal judge in the U.S. District Court for the Eastern District of Pennsylvania dismissed a class action lawsuit arising out of a data security breach involving Aetna, Inc. (original compliant found here).  The basis of the dismissal was the plaintiff's lack of standing due to its...

Consumer Class Certification Denied -- Again

March 10, 2010 11:46

An up and down class action proceeding involving Listerine has taken a new turn. Pfizer Inc. v. Superior Court of Los Angeles County, No.B188106 (Cal. App. 3/2/10). Plaintiffs brought a proposed class action on behalf of California consumers who allegedly purchased Listerine on the claim that...

Kundis Craig on Standing and Environmental Law

March 04, 2010 12:00

Professor Robin Kundis Craig (Florida State University College of Law) has posted "Standing and Environmental Law: An Overview" on SSRN. The abstract states: Standing has long been one of the most common constitutional challenges in federal environmental cases. While standing...

California's Second District Court of Appeals Takes Narrow View of In re Tobacco II

February 28, 2010 19:13

When the California Supreme Court issued its opinion last summer in In re Tobacco II Cases, 46 Cal. 4th 298 (2009), many commentators viewed it as a fundamental sea change in California's Unfair Competition Law jurisprudence, reading concepts of standing completely out of UCL class actions. ...

Texas Supremes Hold that a Litigant with Assigned Claims Was an Inadequate Class Representative

February 20, 2010 17:16

Yesterday the Texas Supreme Court issued a class action opinion that raises the fundamental question of what are the responsibilities of class representatives?  In some jurisdictions, courts refuse to entertain challenges to the adequacy of class representatives, reasoning that so long as...