Leslie Mendel v. T&B, Inc.

Year: 2018 (Vol. 42)

Topics: Civil Procedure

Question(s) presented:

(1) Whether an allegation of an increase in the risk of future identity theft can meet the injury-in-fact requirement for Article III standing.

(2) Whether a federal court sitting in diversity should apply the relevant forum state’s law or federal common law when it interprets a forum selection clause related to a motion to dismiss based on forum non convenienspursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure.

Format: Word and PDF

Prepared by: John Custer & Madhuri Swarna

Preemption Notice!

Regarding Question 1, the Supreme Court has rejected risk of harm as a basis for damages claims in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021).