Out of the Frying Pan: Another Defendant Ends up in State Court After Raising Article III Issues Tuesday, May 18, 2021
Friend or foe?
That’s what TCPA defendants are beginning to wonder about Article III standing principles in the Eleventh Circuit.
Yet another Defendant has been remanded to
state court to litigate a
federal claim for lack of standing in
federal court, and this is just a mess.
The way things are supposed to work i.e. 99.99% of times a federal claim can be litigated in federal court. There’s a federal statute permitting it. There’s Supreme Court precedent around it.