In Kumar v. Koester, No. 23-4363 (9th Cir. Mar. 12, 2025), the Ninth Circuit dismisses a constitutional challenge to California State University’s anti-discrimination policy that was recently amended to add “caste” as a protected status. Effective January 1, 2022, CSU’s “Policy Prohibiting Discrimination, Harassment, Sexual Misconduct, Sexual Exploitation, Dating Violence, Domestic Violence, Stalking, and RetaliationContinue reading “Hindu Professors at State University Lacked Article III Standing to Challenge School’s “Caste” Discrimination Policy, Holds Ninth Circuit”
Tag Archives: Standing
Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit
In Thompson v. Army and Air Force Exchange Service, No. 23-2447 (7th Cir. Jan. 8, 2025), the Seventh Circuit holds that a federal agency that removes an action from state court under 28 U.S.C. § 1442 is not entitled to dismissal in federal court on a finding that the federal court lacks subject-matter jurisdiction, andContinue reading “Federal Agencies Do Not Have An “Unfettered Right to Litigate in Federal Court” Under 28 U.S.C. § 1442, Holds Seventh Circuit”
Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority
In Lindsey v. Whitmer, No. 24-1413 (6th Cir. Dec. 20, 2024), the Sixth Circuit struggled to reconcile two lines of Supreme Court authority about the standing of state legislators to bring federal-court lawsuits challenging the constitutionality of a state law. “The Michigan Constitution . . . . empowers citizens to amend the state constitution directlyContinue reading “Sixth Circuit Addresses Tension in Supreme Court Legislator-Standing Authority”
Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)
While monetary loss is almost always deemed sufficient to trigger Article III standing, in Jones v. Reeves, No. 24-60371 (5th Cir. Nov. 19, 2024), a Fifth Circuit panel dismisses an eight-year old case (on its fourth appeal) on the ground that the plaintiffs lacked Article III standing to protect per diem payments they recieved byContinue reading “Loss of Per Diem Payments Was Not Enough to Secure Article III Standing for Commissioners Fighting Reorganization of an Airport Authority, Holds the Fifth Circuit (in the Fourth Appeal of the Case)”
State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds
In New York v. Niagara-Wheatfield Central Sch. Dist., No. 22-2178 (2d Cir. Oct. 15, 2024), the Second Circuit reverses a Fed. R. Civ. P. 12(c) judgment on the pleadings, holding that the State of New York pled sufficient grounds for parens patriae standing without alleging a policy-or-practice violation against a target population of state residents.Continue reading “State Need Not Allege A “Policy or Practice” Violation Against a Class of Citizens to Have Parens Patriae Standing in Federal Court, Second Circuit Holds”
Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue
In Bochner v. City of New York, No. 23-683 (2d Cir. Oct. 7, 2024), while adopting the city defendants’ argument that the plaintiffs lacked jurisdictional standing, the Second Circuit twits the city’s corporation counsel for waiting two years to raise the issue and—for “failure to exercise reasonable diligence in identifying and raising jurisdictional questions earlyContinue reading “Corporation Counsel of the City of New York Draws A Rebuke from the Second Circuit for Waiting Two Years to Raise Jurisdictional Standing Issue”
No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit
In Cambridge Christian School, Inc. v. Florida High School Athletic Association, Inc., 22-11222 (11th Cir. Sept. 3, 2024), a Free Exercise case brought on behalf of a Christian-school football team, the panel holds that the plaintiff had no standing for declaratory or injunctive relief to use the stadium public-address system for group prayer, where itContinue reading “No Championship Season for Sectarian Football Team Seeking Injunction to Commandeer the PA System for Prayer, Holds Eleventh Circuit”
Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal
In Tanner-Brown v. Haaland, No. 22-5302 (D.C. Cir. June 25, 2024), the D.C. Circuit reverses dismissal on Article III standing grounds of an action against the U.S. Department of Interior for an accounting, based on an argument only first raised by plaintiff after dismissal in a Fed. R. Civ. P. 59(e) motion to reconsider. “AppellantContinue reading “Never Say Die: D.C. Circuit Holds That Plaintiff Preserved Standing Argument by Raising It for the First Time in a Fed. R. Civ. P. 59(e) Motion After District Court’s Dismissal”
Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit
In Economic Loss Plaintiffs v. Abbott Laboratories, No. 23-2525 (7th Cir. Apr. 2, 2024), the Seventh Circuit holds that “a potential class of consumers who purchased infant formula manufactured by Abbott Laboratories at a facility later deemed unsanitary” failed to establish Article III standing based on “potential risk of injury.” “Abbott Laboratories produces powdered infantContinue reading “Risk Posed by Contaminated Baby Formula Alone Was Not Enough to Constitute Concrete Injury for Article III Standing, Holds Seventh Circuit”
Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing
In Do No Harm v. Pfizer, Inc., No. 23-15_(2d Cir. Mar. 6, 2024), a 2-1 panel of the Second Circuit holds that “an association must identify by name at least one injured member for purposes of establishing Article III standing under a summary judgment standard.” “Do No Harm, a nationwide membership organization, filed suit againstContinue reading “Split Second Circuit Panel Holds That an Organization Must Identify At Least One Affected Member by Name to Qualify for Article III Associational Standing”
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