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Appellate Court Rejects Challenge To NPL Listing

A recent decision from the U.S. Court of Appeals for the D.C. Circuit, [ enhanced version available to lexis.com subscribers ], rejected a challenge to U.S. EPA's decision to list a site on the National Priorities List ("NPL"), finding that although the petitioner had standing to challenge...

LaFrance on Federal False Advertising Claims Arising From FDA-Compliant Labels: POM Wonderful LLC v. Coca-Cola Co.

Excerpt: In its second false advertising case this term, in POM Wonderful LLC v. Coca-Cola Co., 2014 U.S. LEXIS 4165 (June 12, 2014), the Supreme Court held that a misleading food or beverage label may be actionable under the false advertising provisions of the Lanham Act even if the label satisfies...

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’ (USCIS) revocation of I-140 visa petitions filed...

U.S. Supreme Court Invites Solicitor General to File Comment on Pending Spokeo Appeal

by H. Scott Kelly and Alan D. Wingfield The United States Supreme Court on Oct. 6 issued an order inviting the U.S. Solicitor General to file a brief on the pending cert petition filed in Spokeo, Inc. v. Robins , which is on appeal from the Ninth Circuit [lexis.com subscribers may access Supreme Court...

Alaska Supreme Court Opens the Door for Alternative Theory in Public Trust Litigation

By J. Wylie Donald & Jeffrey Janicke As this blog has discussed on several prior occasions, Our Children’s Trust , an Oregon public interest group, has coordinated lawsuits in numerous states seeking to apply the public trust doctrine to the atmosphere (e.g., here and here ). While some...

Is It Legal for the EEOC to Send 1,330 Emails to Your Employees at Work?

Back in 2013, the United States Equal Employment Opportunity Commission began investigating Case New Holland, Inc. for age discrimination, or so a complaint that Case New Holland recently filed in federal court alleges. So, how is this news? Let alone blog news, which is hardly news at all. I should...

Court: Arpaio Lacks Standing to Sue Obama Over Immigration

"The role of the Judiciary is to resolve cases and controversies properly brought by parties with a concrete and particularized injury — not to engage in policymaking better left to the political branches. The plaintiff’s case raises important questions regarding the impact of illegal...

Immigration Lawsuit Thrown Out: Arpaio v. Obama

"President Barack Obama’s executive actions on immigration survived their first major court test Tuesday, when a federal judge tossed out a lawsuit claiming the president exceeded his constitutional power. U.S. District Judge Beryl Howell dismissed a challenge brought by Arizona Sheriff Joe...

Feds: Texas, States Lack Standing in Immigration Lawsuit

"The Republican-led states suing President Barack Obama over his executive order not to deport certain illegal immigrants lack standing because they "themselves are not subject" to the order, the Justice Department said Wednesday . Twenty red states, four Republican governors and Michigan's...

Stand and Deliver

"In a political stunt of a lawsuit , Texas and other states claim the White House's immigration initiatives announced on Nov. 20, 2014 are illegal. The problem is that the suit has no legs, because the plaintiffs lack "standing" to sue. In a definitive 55-page memo filed on Dec...

A QUICK KNOCKOUT: SHERIFF JOE ARPAIO'S LAWSUIT AGAINST PRESIDENT OBAMA'S EXECUTIVE ACTION DISMISSED FOR LACK OF STANDING

"On November 20, 2013, the very same day that President Obama announced a series of executive actions aimed at “Fixing Our Broken Immigration System” , a lawsuit against the newly announced executive actions and against the existing Deferred Action for Childhood Arrivals program (DACA...

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries

"[T]he AAO seeks amicus briefing on whether the beneficiaries of certain immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO (and if so, when, and under what circumstances). Specifically, the AAO seeks briefing...

Fifth Circuit Shoots Down ICE Agents' DACA Lawsuit: Crane v. Johnson

"The Agents allege that exercising deferred action violates federal law, because the law requires them to detain all illegal aliens for the purpose of placing the aliens in removal proceedings. The State of Mississippi alleges that the deferred action has caused additional aliens to remain in the...

EQUATING IMMIGRANTS TO GREENHOUSE GASES: IS THIS A VALID BASIS FOR STANDING TO SUE THE FEDERAL GOVERNMENT?

Cyrus D. Mehta writes : "It has lately become fashionable for states that oppose President Obama’s immigration executive actions to sue in federal court on grounds that they are unconstitutional. But in order to get heard in court, a state must demonstrate standing. In the Texas v. United...

Florida: 3rd DCA Strikes Down “Padgett” Decision on Mootness and Standing Grounds

The Third District Court of Appeal has reversed the much-talked-about “Padgett” decision by Circuit Court for Miami-Dade County Judge Jorge Cueto, which last August declared unconstitutional the exclusive remedy provision of the state’s Workers’ Compensation Law—§ 440...

DC Circuit: Sheriff Joe Arpaio Lacks Standing to Sue Feds re DAPA

"Because Sheriff Arpaio’s allegations of causation and redressability rest on speculation beyond that permitted by our standing decisions, we affirm the district court’s dismissal of the complaint for want of Article III standing." - Arpaio v. Obama, Aug. 14, 2015 .

Waters of the United States – D.C. Circuit Home Builders II Opinion

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop. It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior Circuit Judge Sentelle joined, to keep pushing. Judge...

Response from Robins in the Spokeo Case at the U.S. Supreme Court

Earlier this month, the respondent, [subscribers can access the order granting certiorari: lexis.com | Lexis Advance ], in Spokeo v. Robins filed his merits brief . The main thrust of the brief, [subscribers can access an enhanced version of this brief: lexis.com | Lexis Advance ], challenges Spokeo’s...

S.D.N.Y. Dismisses Plaintiffs’ “Shadow Insurance” Class Action Claims

A federal judge has granted AXA Equitable Life Insurance Company’s motion to dismiss claims brought against it by insureds who alleged that AXA violated New York law by engaging in various “shadow insurance” transactions, [subscribers can access an enhanced version of this opinion:...

Lawsuit Alleges that U.S. Government Violated Constitutional Rights of America’s Youth by Promoting the Development and Use of Fossil Fuels

By Nikita Perumal and Jessica Wentz A foundational component of sustainable development is the principle of inter-generational equity: that we should meet the needs of the present without compromising the ability of future generations to meet their own needs. On August 12, a group of twenty-one...

An Injury Without an Injury — Part 2? #SCOTUS and Collective Wage/Hour Violations

Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo , a case that will go a long way to deciding the continued viability of...

Legomsky on USA v. Texas - The Stakes Go Far Beyond Immigration

Stephen Legomsky, Jan. 21, 2016 - "On Tuesday the Supreme Court agreed to decide whether a single state can sue the federal government to block the government's setting of immigration enforcement priorities nationwide. The stakes are momentous, and they go far beyond immigration. In November...

California: Appellate Court Dumps Lien Filing Fee Challenge

The Second District Court of Appeal has handed down a decision affirming the legislature’s creation of the lien filing fee as part of SB 863. In Chorn v W.C.A.B. a physician (Robin Chorn M.D.) filed a complaint joined by two injured workers in an effort to challenge on constitutional grounds the...

Tennessee: Death of Worker’s Widow Does Not Extinguish Stepson’s Right to Dependency Benefits

Where a widow sought workers’ compensation death benefits on behalf of herself and her son—the step-son of the deceased worker—and the widow died while the claim was still pending, the trial court erred when it granted the employer’s motion for summary judgment and held that neither...

On Monday, Will Texas Be Able to Stand and Deliver?

The technical issue of 'standing' is at the heart of USA v. Texas , to be heard by the Supreme Court on Monday, April 18, 2016. Prof. Martin Lederman offers his thoughts on standing here . Prof. Amanda Frost offers her thoughts on standing here . Admiral Adama is skeptical: