So Why Exactly Are You Here?
6/1/2016
So Why Exactly Are You Here?
Application of Changing Standards of Standing to Bring Consumer Lawsuits
1
6/1/2016
Speakers: •
Scott S. Gallagher, Esq., Smith, Gambrell, & Russell, LLP
•
Larissa Nefulda, Esq. Lewis Brisbois Bisgaard & Smith
•
Stephen Turner, Esq., Lewis Brisbois Bisgaard & Smith
•
Moderator: Kevin Underwood, Esq., AllianceOne Receivables Management, Inc.
Legal Disclaimer Any content included in this presentation or discussed during this session (“Content”) is presented for educational and general reference purposes only. ACA International, either directly or indirectly through speakers, independent contractors, employees, or members of ACA International (collectively referred to as “ACA”), provides the Content as a courtesy to be used for informational purposes only. The Contents are not intended to serve as legal or other advice. ACA does not represent or warrant that the Content is accurate, complete, or current for any specific or particular purpose or application. This information is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel. ACA is the sole owner of the Contents and all the associated copyrights. ACA hereby grants a limited license to the Contents solely in accordance with the copyright policy provided at www.acainternational.org. By using the Contents in any way, whether or not authorized, the user assumes all risk and hereby releases ACA from any liability associated with the Content. The views and opinions of the speakers expressed herein are solely those of the presenters and not ACA International.
2
6/1/2016
Standing
Traditional View: Two Components i. Constitutional Standing ii. Statutory Standing
3
6/1/2016
Constitutional Standing
Statutory Standing
4
6/1/2016
Landmark Cases Shaping Standing this Term
Landmark Cases Shaping Standing this Term a. Campbell-Ewald Co. v. Gomez, No. 14-857 (Arguled Oct. 14, 2015) b. Tyson Foods v. Bouaphakeo, No. 14-1146 (Argued Nov. 10, 2015) c. Spokeo, Inc. v. Robins, No. 13-1339 (Argued Nov. 2, 2015)
5
6/1/2016
Campbell-Ewald Co. v. Gomez, No. 14-857 (Argued Oct. 14, 2015)
Campbell-Ewald: Issue: Is a class claim mooted by an unaccepted offer of judgment for the full amount the named plaintiff could recover?
6
6/1/2016
Campbell-Ewald: Outcome and Aftermath
Tyson Foods v. Bouaphakeo, No. 14-1146 (Argued Nov. 10, 2015)
7
6/1/2016
Tyson Foods: Issue: Whether a class action may be certified or maintained when the class contains hundreds of members who were not injured and have no legal right to any damages?
Tyson Foods: Outcome and Aftermath
8
6/1/2016
Spokeo, Inc. v. Robins, No. 13-1339 (Argued Nov. 2, 2015)
Spokeo: Issue: Can congress create statutory causes of action without the need to establish a traditional injury-in-fact?
9
6/1/2016
Spokeo: Outcome and Aftermath
Practical Applications of Standing Doctrine
10
6/1/2016
Pleading Aspects
Pleading Aspects Rule 8 requirements
11
6/1/2016
Pleading Aspects Jurisdictional; need not be pled as an affirmative defense
Pleading Aspects The dual aspects of Rule 12(b)(1)
12
6/1/2016
Class Claims
Class Claims Rule 54 v. Rule 68
13
6/1/2016
Class Claims Discovery
Class Claims Certification
14
6/1/2016
Class Claims Damages
Shielding Against Novel Theories of Liability
15
6/1/2016
Shielding Novel Theories of Liability Statutory Standing v. Constitutional Standing
Questions?
16
6/1/2016
Contact: • Scott S. Gallagher, Esq., [email protected] • Larissa Nefulda, Esq., • [email protected] • Stephen Turner, Esq., [email protected] • Moderator: Kevin Underwood, Esq., [email protected]
Session Evaluation Please take a moment to complete the evaluation for this session using the Convention Mobile App on your mobile device • • • •
Find this session on the ‘Schedule’ tab Scroll down to ‘Forms’ Select ‘Session Evaluation’ Respond to the survey and press submit! Please also complete the overall Convention 2016 evaluation
17
So Why Exactly Are You Here?
Application of Changing Standards of Standing to Bring Consumer Lawsuits
1
6/1/2016
Speakers: •
Scott S. Gallagher, Esq., Smith, Gambrell, & Russell, LLP
•
Larissa Nefulda, Esq. Lewis Brisbois Bisgaard & Smith
•
Stephen Turner, Esq., Lewis Brisbois Bisgaard & Smith
•
Moderator: Kevin Underwood, Esq., AllianceOne Receivables Management, Inc.
Legal Disclaimer Any content included in this presentation or discussed during this session (“Content”) is presented for educational and general reference purposes only. ACA International, either directly or indirectly through speakers, independent contractors, employees, or members of ACA International (collectively referred to as “ACA”), provides the Content as a courtesy to be used for informational purposes only. The Contents are not intended to serve as legal or other advice. ACA does not represent or warrant that the Content is accurate, complete, or current for any specific or particular purpose or application. This information is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel. ACA is the sole owner of the Contents and all the associated copyrights. ACA hereby grants a limited license to the Contents solely in accordance with the copyright policy provided at www.acainternational.org. By using the Contents in any way, whether or not authorized, the user assumes all risk and hereby releases ACA from any liability associated with the Content. The views and opinions of the speakers expressed herein are solely those of the presenters and not ACA International.
2
6/1/2016
Standing
Traditional View: Two Components i. Constitutional Standing ii. Statutory Standing
3
6/1/2016
Constitutional Standing
Statutory Standing
4
6/1/2016
Landmark Cases Shaping Standing this Term
Landmark Cases Shaping Standing this Term a. Campbell-Ewald Co. v. Gomez, No. 14-857 (Arguled Oct. 14, 2015) b. Tyson Foods v. Bouaphakeo, No. 14-1146 (Argued Nov. 10, 2015) c. Spokeo, Inc. v. Robins, No. 13-1339 (Argued Nov. 2, 2015)
5
6/1/2016
Campbell-Ewald Co. v. Gomez, No. 14-857 (Argued Oct. 14, 2015)
Campbell-Ewald: Issue: Is a class claim mooted by an unaccepted offer of judgment for the full amount the named plaintiff could recover?
6
6/1/2016
Campbell-Ewald: Outcome and Aftermath
Tyson Foods v. Bouaphakeo, No. 14-1146 (Argued Nov. 10, 2015)
7
6/1/2016
Tyson Foods: Issue: Whether a class action may be certified or maintained when the class contains hundreds of members who were not injured and have no legal right to any damages?
Tyson Foods: Outcome and Aftermath
8
6/1/2016
Spokeo, Inc. v. Robins, No. 13-1339 (Argued Nov. 2, 2015)
Spokeo: Issue: Can congress create statutory causes of action without the need to establish a traditional injury-in-fact?
9
6/1/2016
Spokeo: Outcome and Aftermath
Practical Applications of Standing Doctrine
10
6/1/2016
Pleading Aspects
Pleading Aspects Rule 8 requirements
11
6/1/2016
Pleading Aspects Jurisdictional; need not be pled as an affirmative defense
Pleading Aspects The dual aspects of Rule 12(b)(1)
12
6/1/2016
Class Claims
Class Claims Rule 54 v. Rule 68
13
6/1/2016
Class Claims Discovery
Class Claims Certification
14
6/1/2016
Class Claims Damages
Shielding Against Novel Theories of Liability
15
6/1/2016
Shielding Novel Theories of Liability Statutory Standing v. Constitutional Standing
Questions?
16
6/1/2016
Contact: • Scott S. Gallagher, Esq., [email protected] • Larissa Nefulda, Esq., • [email protected] • Stephen Turner, Esq., [email protected] • Moderator: Kevin Underwood, Esq., [email protected]
Session Evaluation Please take a moment to complete the evaluation for this session using the Convention Mobile App on your mobile device • • • •
Find this session on the ‘Schedule’ tab Scroll down to ‘Forms’ Select ‘Session Evaluation’ Respond to the survey and press submit! Please also complete the overall Convention 2016 evaluation
17
