Topic
Standing
1,069 published works
Drug & Device Law
Too Much Isn’t Enough in California
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…
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…
Long Island Land Use and Zoning
Standing And The Open Meetings Law
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…
Reproductive Rights Prof Blog
The Supreme Court Could Place an Impossible Burden on Women Fighting for Abortion 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…
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…
Constitutional Law Prof Blog
D.C. Circuit Tosses Congressional Members’ Foreign Emoluments Suit Against Trump
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…
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…
A Lawyer's Blog
WHO HAS STANDING TO RAISE THE RPAPL 1304 DEFENSE
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…
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…
Religion Clause
Attorney Has Standing To Challenge Judge’s Prayer Practices
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…