David v. Alphin
| Docket Number | 11-2181 |
| Decision Date | 14 January 2013 |
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150 cases
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City of Charleston v. Joint Comm'n
...accept as true all material allegations of the complaint and construe the complaint in favor of the complaining party." David v. Alphin, 704 F.3d 327, 333 (4th Cir. 2013). "At the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice, for o......
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Int'l Union, United Mine Workers of Am. v. Consol Energy, Inc.
...the Retiree-Plaintiffs resulting from the misinformation they received.The Subsidiaries reply that Fourth Circuit law in David v. Alphin, 704 F.3d 327 (4th Cir. 2013), is inapposite to plaintiffs' arguments. They point to the Fourth Circuit's language in David, which stated that "[a]ppellan......
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People for the Ethical Treatment of Animals, Inc. v. Stein, 1:16CV25
...remedied by the relief plaintiff seeks in bringing suit). Beck v. McDonald, 848 F.3d 262, 269 (4th Cir. 2017) (quoting David v. Alphin, 704 F.3d 327, 333 (4th Cir. 2013) )."[E]ach element [of standing] must be supported in the same way as any other matter on which the plaintiff bears the bu......
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Muransky v. Godiva Chocolatier, Inc., No. 16-16486 & 16-16783
...v. First Am. Corp. , 610 F.3d 514, 517 (9th Cir. 2010) (holding that a statutory violation alone is enough), with David v. Alphin , 704 F.3d 327, 338–39 (4th Cir. 2013) (holding that a statutory violation alone is not enough). Spokeo, Inc. v. Robins put that debate to bed. 578 U.S. ––––, 13......
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13 firm's commentaries
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Statutory Class Actions: Developments and Strategies
...in fact of which the violation is a legal and proximate cause for damages to arise from a single violation.”). 13 See, e.g., David v. Alphin, 704 F.3d 327, 338 (4th Cir. 2013) (theory that allegation of a statutory violation by the defendant is alone “sufficient to constitute an injury-in-f......
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Statutory Class Actions: Developments And Strategies
...in fact of which the violation is a legal and proximate cause for damages to arise from a single violation."). See, e.g., David v. Alphin, 704 F.3d 327, 338 (4th Cir. 2013) (theory that allegation of a statutory violation by the defendant is alone "sufficient to constitute an injury-in-fact......
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Second Times The Charm? Supreme Court Takes Up Landmark FCRA Case To Address Whether Congress Can Create Standing
...other federal statutes. See Kendall v. Empls. Retirement Plan of Avon Prods., 561 F.3d 112, 121 (2d Cir. 2009) (ERISA); David v. Alphin, 704 F.3d 327, 338-39 (4th Cir. 2013) (ERISA); see also Joint Stock Soc'y v. UDV N. Am., Inc., 266 F.3d 164, 176 (3d Cir. 2001) (holding plaintiff who neve......
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Second Time’s the Charm? Supreme Court Takes Up Landmark FCRA Case to Address Whether Congress Can Create Standing
...federal statutes. See Kendall v. Empls. Retirement Plan of Avon Prods., 561 F.3d 112, 121 (2d Cir. 2009) (ERISA); David v. Alphin, 704 F.3d 327, 338-39 (4th Cir. 2013) (ERISA); see also Joint Stock Soc’y v. UDV N. Am., Inc., 266 F.3d 164, 176 (3d Cir. 2001) (holding plaintiff who never sold......
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2 books & journal articles
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19.3 Procedural Issues
...Shipping Co. v. New England Life, 496 F.3d 326 (2007).[401] 284 F.3d 901 (8th Cir. 2002), cert. denied, 537 U.S. 1106 (2003).[402] 704 F.3d 327 (4th Cir. 2013).[403] 29 U.S.C. § 1132(a)(2), (4)-(6).[404] Herman v. South Carolina Nat'l Bank, 140 F.3d 1413 (11th Cir. 1998), cert. denied, 525 ......
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The State of Data-breach Litigation and Enforcement: Before the 2013 Mega Breaches and Beyond
...a precondition for suit.'") (quoting Killingsworth v. HSBC Bank Nev., N.A., 507 F.3d 614, 622 (7th Cir. 2007)).83. David v. Alphin, 704 F.3d 327, 338 (4th Cir. 2013) (writing that federal courts have jurisdiction "only where [plaintiffs] have both statutory and constitutional standing"); Ke......