I got curious and pulled up a bunch of cases to look at when plaintiffs have Article III standing to sue based on a data breach that has exposed personal information. Note: this was not an exhaustive search, and this is not an extensive analysis. But here’s what I found.
There’s a split over whether IDEA fee shifting should have a long or short statute of limitations. See here at 5 n.2.
There’s a split over whether reckless offenses are predicate offenses under 18 U.S.C. § 924(e). See here at 14 n.10.
Apparently, circuits disagree about how to interpret “directly and independently of all other causes.” See here at 2.
There’s a split over “a narrow exception to Rooker-Feldman.” See here at p.5.
There’s a split over the immediate appealability of Parker immunity claims. See here at p.17 n.6.
Circuits disagree about whether a party that fails to challenge a special verdict in the district court can raise the issue on appeal. See here at p.17 n.3.
And there’s a split over what “new evidence” means under Schlup. See here at p.3 n.1.