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Spirit Airlines defeats wiretapping and invasion of privacy class action for failure to plead concrete harm sufficient to satisfy Article III standing. | Kilpatrick

Litigating standing in federal court can often feel like a frustrating game of whack-a-mole. What good is a winning Article III standing defense if plaintiffs can simply refile their claims in more hostile state courts with looser standing and class-certification requirements? That prospect so frustrates defendants that sometimes they don't even bother raising standing objections in federal court. It's not worth the trouble if winning on standing could land you in a worse forum. Indeed, to avoid removal to federal court, some plaintiffs seeking to remain in state court even affirmatively disclaim suffering any concrete injury that would establish standing.[1] But is suing in state court really such an easy end run around the U.S. Constitution's standing rules? Maybe not. If you assume those federal rules never apply in state court, think again.

What good is a winning Article III standing defense if plaintiffs can refile their claims in more hostile state courts with looser standing & class-certification requirements?

Post-Facebook v. Duguid Litigation Roundup December 2023 | Manatt, Phelps & Phillips, LLP

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme.

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, Inc. (Fed. Cir. 2023) | McDonnell Boehnen Hulbert & Berghoff LLP

The Federal Circuit dismissed an appeal from an unsuccessful challenger in an inter partes review (IPR) proceeding based on failure to satisfy the standing requirements for appeal.

Federal Circuit Decision on Inter Partes Review Proactive Strategies