Tag Archives: Traceability

Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit

In Fox v. Saginaw Cnty., Mich., No. 11-1265 (6th Cir. Apr. 28, 2023), the Sixth Circuit holds that even in a putative Fed. R. Civ. P. 23 class action, a representative plaintiff only has standing to sue the entities that injured them. It rejects the “juridical link” doctrine adopted by the Seventh Circuit in PaytonContinue reading “Sixth Circuit Rejects “Juridical Link” Doctrine to Extend Class Standing to Defendant Who Did Not Injure the Named Plaintiff, Splitting with Seventh Circuit”

Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools

In E.T. v. Paxton, No. 21-51083 (5th Cir. July 25, 2022), a Fifth Circuit panel splits three ways on whether a group of parents had standing to sue Texas Governor Greg Abbott, the state’s attorney general, and other officers to enjoin an executive order that banned mask mandates in schools, specifically as an accommodation forContinue reading “Split Fifth Circuit Panel Holds That Parents of Children with Disabilities Lacked Article III Standing to Demand Mask-Mandates Against COVID in Public Schools”

Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools

Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”

Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds

In Glennborough Homeowners Ass’n v. USPS, No. 21-1340 (6th Cir. Dec. 22, 2021), a panel affirms an order dismissing a case by a housing development seeking to enforce a consent decree against the U.S. Postal Service, though it divides on the reasoning. The majority affirmatively holds that the plaintiff Association lacks standing, while one judgeContinue reading “Homeowners Association Lacked Standing to Enforce Consent Decree with Postal Service to End Delivery of Mail Addressed to “Ypsilanti” to Its Development, Split Sixth Circuit Holds”