Tag Archives: Standing

Sixth Circuit Joins Four Other Circuits in Restricting Plaintiffs’ Standing to Bring Claims under the Fair and Accurate Credit Transactions Act (“FACTA”)

More than a decade ago, Congress attempted to address a novel threat that was then only in its nascent stages: identity theft.  The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) provided consumers with several tools to protect their identity, including the ability to request free annual credit reports from the three major credit … Continue Reading

Sixth Circuit Reinstates $15.6 Million Damage Award

On Friday, the Sixth Circuit reinstated a $15.6 million jury verdict awarded to Cranpark, Inc. in its promissory estoppel suit against Rogers Group, Inc. (“RGI”). In 1998, representatives from RGI and James Sabatine, the owner of Hardrives Paving and Construction, Inc. (“Hardrives”), for whom Cranpark is the successor-in-interest, met to discuss a possible joint venture … Continue Reading

Sixth Circuit Revives “Juggalo” First Amendment Lawsuit

In 2011, the National Gang Intelligence Center—part of the FBI—included fans of the band “Insane Clown Posse,” also known as “Juggalos,” in its report on gang activity, describing Juggalos as a “hybrid gang” and claiming that “Juggalo subsets exhibit gang-like behavior and engage in criminal activity and violence.”  Six plaintiffs (four Juggalos and the two … Continue Reading

SCOTUS Watch: Supreme Court Denies Certiorari in Massive Sixth Circuit Antitrust Case

On Monday, the Supreme Court issued its new round of orders from its February 27 conference. Among them was the denial of a petition for certiorari in a massive antitrust class action lawsuit—“likely the largest ever certified and upheld by a federal court of Appeals”—against manufacturers of polyurethane foam. In Carpenter Co. v. Ace Foam (aka … Continue Reading

Sixth Circuit: Applicant Can’t Sue For Rejection Based On Whistleblowing At Prior Job

The Sixth Circuit held yesterday in Vander Boegh v. EnergySolutions, Inc. that a job applicant is not considered an “employee” under the False Claims Act and the Energy Reorganization Act, and therefore cannot avail himself of the Acts’ retaliation provisions.  The plaintiff, a former landfill manager who had reported environmental violations at his prior job, alleged … Continue Reading

Sixth Circuit Rules That United States Lacks Standing in Case Against Bankruptcy Trustees

The Sixth Circuit in United States v. Carroll, Case No. 10-1400, proposed a simple solution to an interesting and unusual sovereign immunity case.  The case arose from the events surrounding the influx of Chapter 13 bankruptcies in 2009.  Since one asset of Chapter 13 individual debtors is their tax refund, the bankruptcy judges of the … Continue Reading

Eighth Circuit Hears Oral Argument Yesterday On Challenge To The Health Care Statute; Plaintiffs’ Standing Is The Big Issue

If you have been following our blog for the last several months, you know that we’ve been covering all of the headline-making decisions in the legal challenges to the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  The Eighth Circuit is poised to … Continue Reading

Will D.C. Circuit Follow Sixth Circuit Approach To Standing In Latest Challenge to Health Care Statute?

Last Friday, the D.C. Circuit heard oral arguments in yet another lawsuit challenging the constitutionality of the mandate requiring individuals to purchase health insurance under the recently enacted Patient Protection and Affordable Care Act, Public Law 111-148.  See Seven-Sky v. Holder (D.C. Circuit, Case No. 11-5047).  This is the fourth challenge to the individual mandate … Continue Reading

Vague Assertions of Injury Do Not Establish Environmental Plaintiffs’ Standing

The Sixth Circuit held today that two non-profit corporations lack standing to challenge certain decisions of the United States Forest Service relating to its management of the Daniel Boone National Forest.  In Heartwood, Inc. v. Agpaoa, the court held that the plaintiffs “fail[ed] to allege with adequate specificity the central [constitutional standing] element of injury in … Continue Reading