Tag Archives: Standing

Lack of Standing in TCPA Class Action Results in Remand to State Court, Says The Eighth Circuit

A recent decision by the Eighth Circuit in a Telephone Consumer Protection Act (TCPA) class action provides an important pointer for defendants and their counsel with respect to strategy in defending a putative class action. The key takeaway is to take into consideration whether the case was originally filed in federal court or removed from … Continue Reading

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action … Continue Reading

Medpay and Personal Injury Protection (PIP) Class Action: Eighth Circuit Reverses Class Certification, Stressing That All Class Members Must Have Standing

The Eighth Circuit recently addressed class certification in an insurance class action involving medpay and personal injury protection (PIP) coverage.  The case involved the use of third-party bill reviewers and the application of a guideline comparing charges for medical services to the 80th percentile of such charges in the geographic area.  The court applied the … Continue Reading
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