Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
Posted on Feb 10, 2021 in Jurisdiction | Comments Off on Increased Risk of Identity Theft Cannot Establish Article III Standing in Data Breach Cases
The Eleventh Circuit has now taken a stand on whether a substantial risk of identity theft, fraud, and other future harm constitutes Article III standing in data breach cases. Tsao v. Captiva MVP Rest. Partners, LLC, 2021 WL 381948 (11th Cir. Feb. 4, 2021). In an opinion authored by Senior Judge Tjoflat, the Eleventh Circuit affirmed the lower court’s decision, holding that...
Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
Posted on Nov 3, 2020 in Consumer Protection | Comments Off on Divided En Banc Court Dismisses FACTA Claims for Lack of Article III Standing
In Muransky v. Godiva Chocolatier, Inc., 2020 WL 6305084 (11th Cir. Oct. 28, 2020), a divided en banc court vacated the district court’s order approving a class-action settlement and directed that the case be dismissed because the plaintiff lacked standing sufficient to establish subject-matter jurisdiction. Muransky filed a putative class action against Godiva, alleging that the...
Too Late At The District Court Is Still Too Late At The Appellate Court
Posted on Jul 25, 2020 in Appellate Procedure | Comments Off on Too Late At The District Court Is Still Too Late At The Appellate Court
The Eleventh Circuit’s opinion in Corley v. Long-Lewis, Inc., 2020 WL 4006602 (11th Cir. July 16, 2020), delivered by Judge William Pryor, primarily concerned questions of appellate jurisdiction, all of which were resolved in favor of hearing the appeal. The multi-faceted procedural history set the stage for the issues of appellate jurisdiction: A case that had been transferred from...
Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
Posted on May 5, 2020 in Jurisdiction | Comments Off on Eleventh Circuit Will Not Rehear City’s Fair Housing Act Claim
The Eleventh Circuit has denied a petition to rehear en banc City of Miami Gardens v. Wells Fargo & Co., 931 F.3d 1274 (11th Cir. 2019), which dismissed for lack of standing Fair Housing Act claims brought against Wells Fargo by the City of Miami Gardens. City of Miami Gardens v. Wells Fargo & Co., 2020 WL 1983892 (11th Cir. Apr. 27, 2020). The city claimed it had standing to...
Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
Posted on Apr 11, 2020 in Jurisdiction | Comments Off on Undescribed “Beneficial Interest” in Property Insufficient to Confer Article III Standing to Contest Foreclosure
In Thakkar v. Bay Point Capital Partners, LP (In re Bay Circle Properties, LLC), 2020 WL 1696303 (11th Cir. Apr. 8, 2020), the Eleventh Circuit dismissed an appeal because the only appellant remaining after a settlement lacked Article III standing (and in any event failed to meet the “person aggrieved doctrine” standard for appealing a bankruptcy court order). The case originally...