Tag Archives: Standing

Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit

In Reporters Committee for Freedom of the Press v. United States of America, No. 22-3326 (8th Cir. Mar. 1, 2024), the Eighth Circuit affirms dismissal of an action for lack of jurisdiction on the ground that there was no “adversity” between the parties, owing to the supposed failure of plaintiff to name a defendant inContinue reading “Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit”

Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually

In Brown v. CACH, Inc., No. 23-1308 (7th Cir. Feb. 29, 2024), the Seventh Circuit observes that a self-employed person may argue, as an Article III injury, that they were interrupted from remunerative work – even briefly – but that the injury must be proven, not assumed. In response to a call at home aboutContinue reading “Seventh Circuit Holds That Even a Brief Interruption of Self-Employment Can Be An Injury For Article III Purposes, But It Must Be Proven Factually”

Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice

In Bailey v. Worthington Cylinder Corp., No. 22-2111 (7th Cir. Jan. 22, 2024), the Seventh Circuit dismisses an out-of-state lawyer’s appeal of a lower order revoking his pro hac vice admission, holding that his reputational interest alone does not present a redressable interest to support Article III standing. Appellant counsel “is an attorney licensed toContinue reading “Seventh Circuit Holds That Lawyer Has No Article III Standing to Appeal Court Order Revoking His Pro Hac Vice Admission Where Case Below Is Settled and Dismissed with Prejudice”

Unanimous En Banc Second Circuit Holds That Female High-School Athletes Have Article III Standing to Challenge Inclusion of Transgender Girls in Competition Under Title IX, But Fracture Over How Such a Claim May Be Redressable

In Soule ex rel. Stanescu v. Connecticut Assoc. of Schools, Inc., No. 21-1365 (2d Cir. Dec. 15, 2023) (en banc), a rare full-court opinion by the Second Circuit, fifteen judges (thirteen active and two senior) concur that there is Article III standing for four female high-school athletes who alleged they are aggrieved by competition withContinue reading “Unanimous En Banc Second Circuit Holds That Female High-School Athletes Have Article III Standing to Challenge Inclusion of Transgender Girls in Competition Under Title IX, But Fracture Over How Such a Claim May Be Redressable”

Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute

In Lutter v. Jneso, No. 21-2205 (3d Cir. Nov. 6, 2023), the Third Circuit holds that by filing a supplemental complaint under Fed. R. Civ. P. 15(d), the plaintiff in this case reset the timeframe for evaluating standing – usually measured from the date of the original complaint – and thereby plead herself out ofContinue reading “Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute”

Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement

In Huber v. Simons Agency Inc., No. 22-2483 (3d Cir. Oct. 12, 2023), each judge on the panel arrived at a different outcome about whether a plaintiff under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692– 1692p, suffered an Article III injury because of receiving a debt-collection letter that arguably overstated theirContinue reading “Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement”

Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds

In Greenberg v. Lehocky, No. 22-1733 (3d Cir. Aug. 29, 2023), the Third Circuit reverses a preliminary injunction against Pennsylvania’s recently adopted professional responsibility rule, PRPC 8.4(g), prohibiting discrimination and harassment in the practice of law. It holds that the plaintiff, a lawyer who lectures on free-speech issues, demonstrated no credible threat that he wouldContinue reading “Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds”

Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students

In Louisiana State v. Jefferson Parish School Board, No. 22-30143 (5th Cir. Aug. 22, 2023), the Fifth Circuit dismisses the State of Louisiana’s continuation of a case in federal court against a local school board that sought to discipline two student who displayed weapons during remote-learning sessions during the COVID lockdown. (The original decision wasContinue reading “Fifth Circuit, in Reissued Decision, Expounds on Limits of State’s Parens Patriae Authority to Litigate in Federal Court on Behalf of Suspended Students”

Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss

In Jones v. L.A. Central Plaza, No. 22-55489 (9th Cir. July 26, 2023), the Ninth Circuit holds that the district court erred by sua sponte granting a Rule 12 dismissal on the pleadings for lack of Article III standing, when the parties had already briefed summary judgment on the same standing issue. Jones sued theContinue reading “Ninth Circuit Holds That District Court Lacked Authority to Convert a Fed. R. Civ. P. 56 Summary Judgment Motion Sua Sponte into a Fed. R. Civ. P. 12 Motion to Dismiss”

Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits

In Drazen v. Pinto, No. 21-10199 (11th Cir. July 24, 2023), the en banc Eleventh Circuit reverses itself and holds that a single junk text confers Article III standing on a consumer under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227(b)(1)(A)(iii). See my May 27, 2021 post on the same topic.Continue reading “Unanimous En Banc Eleventh Circuit Says “Whoops,” Overrules 2019 Decision on Standing in TCPA Case to Bring Itself in Line with Other Circuits”