Article III Standing (Litigator Series) LandMark Publications

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Published: July 30th 2012

Kindle Edition

6196 pages


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Article III Standing (Litigator Series)  by  LandMark Publications

Article III Standing (Litigator Series) by LandMark Publications
July 30th 2012 | Kindle Edition | PDF, EPUB, FB2, DjVu, talking book, mp3, ZIP | 6196 pages | ISBN: | 4.52 Mb

This casebook contains a selection of 192 Federal Court of Appeals decisions that interpret and apply the doctrine of Article III standing. The selection of decisions spans from 2008 to the date of publication. For each federal circuit, the cases areMoreThis casebook contains a selection of 192 Federal Court of Appeals decisions that interpret and apply the doctrine of Article III standing.

The selection of decisions spans from 2008 to the date of publication. For each federal circuit, the cases are listed in the order of frequency of citation. The most cited decisions appear first.In a class action suit, no class may be certified that contains members lacking Article III standing. Mazza v. American Honda Motor Co., Inc., 666 F. 3d 581 (9th Cir. 2012)In order to have Article III standing to sue, a plaintiff bears the burden of establishing (1) [an] injury-in-fact...

that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical- (2) a causal connection between the injury and the conduct complained of- and (3) [a likelihood] ... that the injury will be redressed by a favorable decision. McNair v. Synapse Group Inc., 672 F. 3d 213 (3rd Cir. 2012)Although no bright-line rule exists for determining whether a declaratory judgment action satisfies Article IIIs case-or-controversy requirement, the Supreme Court has held that the dispute must be definite and concrete, touching the legal relations of parties having adverse legal interests, real and substantial, and admi[t] of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.

MedImmune, 549 U.S. at 127, 127 S.Ct. 764 (quoting Aetna Life, 300 U.S. at 240-41, 57 S.Ct. 461). Basically, the question in each case is whether the facts alleged, under all the circumstances, show that there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.

Assn for Molecular Pathology v. US Patent and Trademark Office, 653 F. 3d 1329 (Fed. Cir. 2011)



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