Civil Procedure -- 2018

Davidson v. Kimberly-Clark Corp.   (9th Circuit)

Standing requirements for an injunction relating to product labeling

The NAM filed an amicus brief asking for full U.S. Court of Appeals for the Ninth Circuit review of a three-judge panel's decision granting a plaintiff standing for an injunction when it was not clear she had any actual or imminent injury. The case revolved around whether hypothetical or conjectural injury was sufficient to allow the suit to proceed. The NAM's brief argued that the panel decision lowered the bar for showing harm and encourages class-action litigation over product labeling by plaintiffs who will never buy the product in question. Unfortunately, the Ninth Circuit denied the request to rehear the case.

Related Documents:
NAM amicus brief  (November 13, 2017)


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