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Topic

Standing

1,069 published works

  1. Drug & Device Law

    Too Much Isn’t Enough in California

    By Michelle Yeary

    Isn’t enough for standing that is.  And, likely not enough for plaintiff’s case to survive, but that question was left for another day.  We’ve done a few posts on “slack…

  2. Consumer Finance Monitor

    4th Circuit Rules Plaintiffs Have No Standing to Sue Based on Mere RESPA Statutory Violation Claim

    By Richard J. Andreano, Jr., Barbara S. Mishkin

    A three judge panel of the U.S. Court of Appeals for the Fourth Circuit (Fourth Circuit) recently held in Baehrs v. The Creig Northrop Team et al that although the…

  3. Long Island Land Use and Zoning

    Standing And The Open Meetings Law

    By Farrell Fritz P.C.

      A popular topic on this blog is standing in the context of a challenge to a municipal determination, primarily under the State Environmental Quality Review Act.   A recent…

  4. Reproductive Rights Prof Blog

    The Supreme Court Could Place an Impossible Burden on Women Fighting for Abortion Rights

    By Reproductive Rights

    Mother Jones (Feb. 27, 2020): The Supreme Court Could Place an Impossible Burden on Women Fighting for Abortion Rights, by Becca Andrews and Jessica Washington:Mother Jones reporters Becca Andrews and…

  5. Class Action Countermeasures

    Federal Circuit Courts’ Differing Interpretations of Scope and Application of Article III Standing after Spokeo Leaves Defendants with Uncertainty

    By Alicia A. Baiardo, Anthony Q. Le

    In Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), the Supreme Court held that Article III requires plaintiffs to establish a “concrete and particularized” injury-in-fact, “even in the context…

  6. Constitutional Law Prof Blog

    D.C. Circuit Tosses Congressional Members’ Foreign Emoluments Suit Against Trump

    By Steven D. Schwinn

    Steven D. Schwinn, UIC John Marshall Law SchoolThe D.C. Circuit ruled today that 215 Members of Congress who brought a suit against President Trump for violations of the Foreign Emoluments…

  7. Illinois Post-Conviction Blog

    Appellate Court holds that trial court can dismiss petition on standing grounds at first stage

    By Nate Nieman

    The appellant in People v. Johnson, 2019 IL App (1st) 163169 appealed the trial court’s order dismissing his pro se petition for post-conviction relief on standing grounds. The First District…

  8. A Lawyer's Blog

    WHO HAS STANDING TO RAISE THE RPAPL 1304 DEFENSE

    By Jon Michael Probstein Esq.

    Spoiler Alert: Only the original borrower not a subsequent purchaser.Wells Fargo Bank, N.A. v Eitani, 2020 NY Slip Op 00320, Decided on January 15, 2020, Appellate Division, Second Department:In May…

  9. Law & The Environment

    Being On the Eve of Destruction Does Not Provide a Basis for Judicial Relief

    By Seth Jaffe

    Last week, the 9th Circuit Court of Appeals ruled that the plaintiffs in Juliana v. United States do not have standing.  Given where we are, this is about as momentous…

  10. Religion Clause

    Attorney Has Standing To Challenge Judge’s Prayer Practices

    By Howard Friedman

    In Freedom From Religion Foundation, Inc. v. Mack, (SD TX, Jan. 13, 2010), a Texas federal district court held that an attorney has standing to challenge a Texas Justice of the…