Defense Strategies When Plaintiffs Deny Their Own Standing

Law360 (February 17, 2021, 5:05 PM EST) -- A recent trend in class action litigation has turned the tables on traditional standing arguments. Typically, the defendant seeks dismissal by asserting that the plaintiff lacks one or more of the three essential elements of Article III standing: injury-in-fact, causation and redressability.[1] In response, the plaintiff argues these elements are satisfied, and that the court has power to hear her claims.

But now, federal courts have begun to hear these same arguments with roles reversed.[2] In some cases, as the U.S. Court of Appeals for the Seventh Circuit noted last month in Thornley v. Clearview AI Inc., it is the plaintiff...

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