Another Punt: The Supreme Court Denies Certiorari in the <i>Zappos</i> CaseWe wrote recently about how the certiorari petition in Zappos.com, Inc. v. Stevens was a possible vehicle to put the question of standing in data breach cases back before the Supreme Court. Alas, the Court denied the certiorari petition on March 25.

Combined with the Supreme Court’s remand in Frank v. Gaos, those wishing

Injury-in-Fact vs. Actual Damages –– Avoiding a Jurisdictional Sideshow in Data Breach Class Actions by Challenging Damages, Not InjuryFollowing the Supreme Court’s ruling in Spokeo v. Robins, which held that federal plaintiffs alleging a statutory violation must have suffered a real, concrete injury in order to have Article III standing, many defendants began to assert lack of standing as a defense in data breach class actions in federal court. Data breach cases

TIME STOPS FOR NO ONE: The Supreme Court Addresses Timeliness Issues in Two Separate Class CasesThe U.S. Supreme Court suddenly seems to have a little time on its hands. Or at least on its mind. In two different class action cases on its docket this week, the question at hand was timeliness.

First, in Nutraceutical Corp. v. Lambert, the Supreme Court ruled that Rule 23(f)’s 14-day time limit for