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CareFirst And Constitutional Standing: A Post-Spokeo Review

Law360, New York (August 31, 2017, 12:40 PM EDT) -- With daily headlines of data breaches, it is inevitable that class action litigation will often follow. When it does, one of the first lines of defense is a Rule 12(b)(1) motion to dismiss for lack of Article III standing which addresses a federal court’s subject matter jurisdiction. The second line of defense is generally a Rule 12(b)(6) motion which is a challenge to the merits of a plaintiffs’ claim. The U.S. Supreme Court in recent decisions, first in Clapper v. Amnesty International USA, 133 S. Ct.1138...
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