Topic
Standing
1,067 published works
Sixth Circuit Appellate Blog
Sixth Circuit Requests (and Receives) Additional Arguments on the Challenge to the New Health Care Statute to be Heard One Week From Today
One week from today, the Sixth Circuit will hear oral arguments in the high-profile appeal involving a constitutional challenge to the mandate requiring individuals to purchase health insurance under the…
The Faculty Lounge
Reading Cert Denial Tea Leaves: Catholic League v. San Francisco
Trying to read anything into denials of certiorari may be of even less utility than predicting outcomes, but the Supreme Court's denial of certiorari on Monday in Catholic League for…
Corporate & Financial Weekly Digest
Securities Fraud Claim Dismissed for Lack of Standing
Co-authored by Jonathan Rotenberg The U.S. District Court for the District of Nevada dismissed a claim for securities fraud brought under Section 10(b) of the Securities Exchange Act on the…
Proskauer on Privacy
Judge Finds Injury-in-Fact Adequately Alleged in RockYou Data Breach Action
Where others have failed, Alan Claridge did not. Recently, a Federal judge in the Northern District of California declined to dismiss Plaintiff Claridge’s claims arising from a data breach involving the…
The Faculty Lounge
More on Standing in American Electric Power
Jonathan Adler, at the Volokh Conspiracy, thinks that Mass v. EPA does not dispose of standing in this case. He relies on the fact that a procedural injury was at…
The Faculty Lounge
Belated Thoughts on Oral Argument in American Electric Power
I've been on the road this week, so I have just now had a chance to digest the transcript of the oral argument in American Electric Power v. Connecticut. While…
Civil Procedure & Federal Courts Blog
Stand in the Place Where You Live?: DDC Opinion Raises Questions About Whether Prospective Intervenors in D.C. Circuit Must Establish Article III Standing
By Civil Procedure & Federal Courts Blog
Should prospective intervenors have to establish standing before intervening? After the Supreme Court amended Federal Rule of Civil Procedure 24(a)(2) in 1966, federal courts largely agreed for the next 25 years or…
The Appellate Strategist
Preemption, Standing and Vexatious Litigants on California Supreme Court’s May Argument Docket
The California Supreme Court has scheduled oral arguments for May, including four civil cases. Brown v. Mortensen: The Court will address whether the Federal Credit Reporting Act (15 U.S.C. ยง…
The Faculty Lounge
Kennedy v. Kagan on Tax Credits
One of the more interesting exchanges in Arizona Christian School Tuition Organization v. Winn is the difference of view on tax credits. To Justice Kennedy and the majority, a tax…
Civil Procedure & Federal Courts Blog
SCOTUS Decision on Standing: Arizona Christian School Tuition Organization v. Winn
By Civil Procedure & Federal Courts Blog
Today the Supreme Court decided Arizona Christian School Tuition Organization v. Winn (09-987). Splitting 5-4, the Court holds that the plaintiffs lacked standing to bring an Establishment Clause challenge to an…