Topic
Standing
1,071 published works
Ohio Appellate Insights
Oral Argument Preview: Challenging Standing at a Suppression Hearing. State of Ohio v. Justin W. Wintermeyer.
Update: On December 17, 2019, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read the analysis of the argument here. On…
PrawfsBlawg
Judge in ACA case still needs to retake Fed Courts
Main Monday, December 31, 2018Judge in ACA case still needs to retake Fed CourtsDistrict Judge O'Connor on Sunday paved the way for an appeal of his decision declaring all of…
PrawfsBlawg
A tale of two appeals
Main Saturday, December 29, 2018A tale of two appealsThe Ninth Circuit accepted the district court's § 1292(b) certification in the climate-change litigation, paving the way for review of the denial…
PrawfsBlawg
Standing in the ACA case
Main Tuesday, December 18, 2018Standing in the ACA caseGood analysis from Nicholas Bagley (Michigan) about the standing problems for the two individual plaintiffs in the ACA litigation. A few additional…
Trust on Trial
Barefoot No More – California Supreme Court to Review Standing of Trust Contestants
Can a disinherited person contest a trust amendment under California Probate Code section 17200? No, said the Court of Appeal last August in Barefoot v. Jennings (2018) 27 Cal.App.5th 1.…
The Fiduciary Litigator
Court Addresses A Beneficiary’s Right To Bring Claims Belonging To A Trust
In American Bank, N.A. v. Moorehead Oil & Gas, Inc., plaintiffs (trustees and beneficiaries) filed suit to determine the value of ownership interests in corporate stock under section 10.361 of…
Drug & Device Law
Interesting Appellate Decision on Standing/Irreparable Harm
Today’s case is not our usual fare. But we’ve never seen this kind of appeal succeed before, so we’re going to spare a few minutes for something a little odd…
Texas Commercial Litigator
Trust Beneficiaries Failed to Plead they Had Standing to Sue on Behalf of their Trusts
By Dane Patrick
Corporate and trust litigation can be tricky. In a recent Texas case, the Corpus Christi Court of Appeals held that trust beneficiaries failed to plead facts showing they had the…
Inside Privacy
Standing Issues in Data Breach Litigation: An Overview
As many data breach litigation cases have demonstrated over recent years, the question of a plaintiff’s standing can be quite important to the outcome of each case. While the Supreme…
Constitutional Law Prof Blog
Fifth Circuit Says No Standing to Challenge Mississippi Flag
The Fifth Circuit ruled that plaintiffs lacked standing to challenge a Mississippi town's decision to fly the state flag over city hall as a violation of the Fair Housing Act.…