Topic
Standing
1,057 published works
HEIRS & SUCCESSES
Standing & Interlocutory Injunction
An Interlocutory Injunction is an equitable remedy designed to maintain the current situation by stopping one party from carrying out, repeating, or continuing a wrongful act before a trial occurs.…
Commercial Case Notes
Shareholder Lacks Standing to Bring Direct Claim Based on Injury to Corporation
By John Lundin
On October 22, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Egorchenko v. Paul, 2024 NY Slip Op. 33748(U), holding that a shareholder lacks…
Inside Class Actions
Ninth Circuit Holds Courts Cannot Decide Factual Disputes in Standing Challenges Where Standing and Merits Analyses Are Intertwined
Under Ninth Circuit precedent, when a defendant brings a factual challenge to jurisdiction, the district court may resolve factual disputes so long as the jurisdictional and merits inquiries are not…
Commercial Case Notes
Unincorporated Corporation’s Failure to Sue Through a Representative Curable Error
By John Lundin
On September 24, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Waterview Condominium LLC v. Indig, 2024 NY Slip Op. 33366(U), holding that an unincorporated…
Inside Government Contracts
Percipient.ai, Inc. v. U.S.: Government Requests Reconsideration of Federal Circuit’s Decision on Bid Protest Jurisdiction and Standing
As previously discussed on this blog, the Federal Circuit issued a major decision in June 2024 addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”): Percipient.ai,…
The D&O Diary
9th Circ.: SPAC Investors Lack Standing to Sue Over Merger Target Company’s Misrepresentations
In a significant number of the many SPAC-related lawsuits that have been filed in recent years, SPAC investors allege that executives at the previously private target company into which the…
Legal Profession Blog
Mueller He Sued
The United States Court of Appeals for the District of Columbia Circuit held that a person discussed in the Mueller report has standing to bring an equitable claim for alleged…
The Present and Ready Blog
What’s it to you?
"As Justice Scalia memorably said, Article III requires a plaintiff to first answer a basic question: ‘What’s it to you?’” Food & Drug Admin. v. All. For Hippocratic Med., 602…
PrawfsBlawg
Separation of powers and judicial aggrandizement
Main Saturday, June 29, 2024Separation of powers and judicial aggrandizementInteresting piece in the Yale Journal of Regulation: Notice and Comment on Justice Sotomayor's Jarkesy dissent accusing the majority of judicial…
PrawfsBlawg
No standing in jawboning case (Updated)
Main Wednesday, June 26, 2024No standing in jawboning case (Updated)Murthy v. Missouri--6-3, per Barrett, finding that any injuries were not fairly traceable to the government defendants; Alito dissents for Thomas…