Topic
Standing
1,069 published works
Environmental Law Prof Blog
Standing to Sue
Recently, while walking in the woods with my children, I came across an old stone-sheltered spring. It looked as though the structure had not been touched by human hands in…
New York Business Divorce
Can a Member of a Member of an LLC Sue to Dissolve the LLC?
By statute a member can seek judicial dissolution of an LLC, but can a member of a member seek dissolution by way of a derivative claim under Tzolis v. Wolff?…
Drug & Device Law
Who Needs TwIqbal?
Don’t misunderstand us. TwIqbal’s great. It’s left a lot of badly pleaded carnage in its wake over the last five years. But at times it makes sense to mix things…
Ohio Appellate Insights
What’s On Their Minds? The Supreme Court Wades Into the Foreclosure Mess–Standing and Real Party in Interest. Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al.
Update: The Supreme Court of Ohio handed down a merit decision in this case on October 31, 2012. Read the analysis here. On April 4, 2012, the Supreme Court of…
Civil Procedure & Federal Courts Blog
Hall on Standing of Intervenor-Defendants in Public Law Litigation
By Civil Procedure & Federal Courts Blog
Matthew Hall (University of Georgia) has posted Standing of Intervenor-Defendants in Public Law Litigation to SSRN.Unless the plaintiff has a personal stake in the outcome, Article III of the United…
Sixth Circuit Appellate Blog
Sixth Circuit Rules That United States Lacks Standing in Case Against Bankruptcy Trustees
The Sixth Circuit in United States v. Carroll, Case No. 10-1400, proposed a simple solution to an interesting and unusual sovereign immunity case. The case arose from the events surrounding…
Constitutional Law Prof Blog
Opinion Analysis: Ninth Circuit in Perry v. Brown, the Prop 8 case
By ConLawProf initials at end of post
As we noted earlier today, the Ninth Circuit panel has affirmed the district judge that Proposition 8 is unconstitutional, in a 2-1 decision.The panel was unanimous on two points:First, the…
Chicago IP Litigation
Letter Demanding Customers Created Standing to Sue
Triteq v. HMC Holdings LLC, No 11 C 843, Slip Op. (N.D. Ill. Jul. 5, 2011) (Leinenweber, J.). Judge Leinenweber granted in part and denied in part defendant HMC Holdings'…
Data Counsel
Privacy Litigation–2011 Year in Review
There were no bombshells or truly groundbreaking decisions in 2011. Courts continued to dismiss claims filed in the wake of data breaches based on findings that the plaintiffs had failed…
Aviation & Airport
The D.C. Circuit Court of Appeals Reconfirms the Bar of Standing in the Federal Courts
By Barbara E. Lichman, Ph.D., J.D.
In National Association of Homebuilders, et al. v. Environmental Protection Agency, et al., 2011 W.L. 6118589 (December 9, 2011) (“Homebuilders”) the D.C. Circuit Court of Appeals has raised the bar…