3 ms·
You can agree that something is wrong, but disagree strongly about why it's wrong. To show standing, you have to have injury, causation, and remedy. You might h
by throwaway5752 4y ago
You can agree that something is wrong, but disagree strongly about why it's wrong. To show standing, you have to have injury, causation, and remedy. You might hear about people bring civil cases for violating civil rights instead of wrongful death. This is a legal tactic to get the best changes of a desired outcome. You can see the nature of what NCLA is after in the claims for relief on page 25 and relief requested on page 33. The claims of violations of 4th and 5th amendments and CFAA (counts I, III, and VII) and relief Requested c-g are what I think you're missing. Privacy violation? Fine. Injunctions? Declaration it violated MA common law? Costs, expenses, and fees? Fine. The rest is seeking strategic precedents. It's a part of why they only seeking nominal damages of $1.
- Natsu 4y agoYou may have to clarify a bit more about what's wrong with the precedent they seek. Stating that it's bad to force install apps on one's phone that track them doesn't seem very abuse-able to me offhand. Not sure what you're saying about standing, either. Seems like they've at least plead to a reasonable injury that the state should have jurisdiction over based on acts caused by the state & Google and they list various remedies. Now the other side can argue with all of that, but the pleadings don't seem obviously defective to me.