article-III-standing

145 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-843 Disability Rights New York v. New York State Department of Health, et al. Second Circuit 2026-01-15 Pending Response Waived article-iii-standing disability-rights federal-jurisdiction individual-rights protection-and-advocacy statutory-interpretation Whether DRNY, as a Protection & Advocacy System authorized by Congress to bring lawsuits in its own name on behalf of individuals with disabilities pu…
25-840 International Partners for Ethical Care, Inc., et al. v. Bob Ferguson, Governor of Washington, et al. Ninth Circuit 2026-01-15 Pending Amici (14)Response Waived article-iii-standing child-welfare fundamental-liberty-interest gender-transition judicial-standing parental-rights Whether parents have standing to challenge a law or policy that deliberately displaces their decision making role as to "gender transitions" of their …
25A768 Elephant Insurance Company, et al. v. Christopher Holmes, et al. Fourth Circuit 2026-01-05 Application article-iii-standing common-law-tort data-breach fourth-circuit intangible-injury transunion Question not identified.
25-677 City of Cleveland, Ohio v. Albert Pickett, Jr., Individually and on Behalf of All Others Similarly Situated, et al., Sixth Circuit 2025-12-10 Pending Amici (3)Response RequestedResponse Waived article-iii-standing class-certification concrete-harm disparate-impact fair-housing-act race-neutral-policy Whether a federal court may certify a damages class that contains members who lack any injury other than an intangible harm based on the asserted disp…
25-521 Google LLC, et al. v. Epic Games, Inc., a Maryland Corporation Ninth Circuit 2025-10-29 Pending Amici (12)Response RequestedResponse Waived antitrust-law article-iii-standing injunctive-relief market-competition procompetitive-conduct rule-of-reason In this antitrust case, the court instructed the jury that it could find Google liable for antitrust violations even if no less restrictive alternativ…
25A365 City of Cleveland, Ohio v. Albert Pickett, Jr., Individually and on Behalf of All Others Similarly Situated, et al., Sixth Circuit 2025-09-29 Presumed Complete article-iii-standing class-certification concrete-injury disparate-impact fair-housing-act water-liens Whether a federal court may certify a class action that contains members who claim no Article III injury apart from being subjected to a policy they a…
25-342 Radio Communications Corporation v. Federal Communications Commission, et al. District of Columbia 2025-09-23 Denied Response Waived article-iii-standing commerce-clause fcc-regulation first-amendment low-power-tv statutory-interpretation Whether the "best reading" of the Low Power Protection Act ("LPPA") mandates nationwide Low Power Protection denial, as if the LPPA had not been enact…
25-5487 Joseph W. Wade v. Walter T. Mosley, New York Secretary of State, et al. Second Circuit 2025-08-27 Denied Response WaivedRelisted (2)IFP article-iii-standing compensatory-relief official-capacity race-conscious section-1983 sex-conscious 1) Under 42 U.S.C. § 1983, against state officials in 'official capacity, ' does Article III standing require proof that the final outcome of a 'discr…
25-195 St. James Parish, Louisiana v. Inclusive Louisiana, By and Through Their Members, et al. Fifth Circuit 2025-08-18 Denied article-iii-standing environmental-justice governmental-entity land-use-decisions racial-discrimination statute-of-limitations 1. Article III Standing Environmental justice activist organizations, acting as the Plaintiffs and purporting to have suffered harm as the result of …
25-167 Alvin Mansour, et al. v. Nevada Department of Business and Industry, Real Estate Division Nevada 2025-08-12 Denied article-iii-standing circuit-split commercial-real-estate facial-unconstitutionality licensing-restriction occupational-regulation Whether Article III standing to challenge a licensing restriction as facially unconstitutional requires that the challenger first submit to the challe…
25-23 Antoine Douglass Johnson v. United States Ninth Circuit 2025-07-08 Denied Response Waived article-iii-standing confidentiality-statute court-order jurisdictional-objections record-expansion substance-use-records I. Did the inferior courts err: 1) by failing to apply, or 2) by misapplying, settled Article III standing rules to factual jurisdictional objectio…
25-14 Marty Hierholzer, et al. v. Kelly Loeffler, Administrator, Small Business Administration, et al. Fourth Circuit 2025-07-03 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) article-iii-standing business-development race-based-presumption sba-program small-business-owner social-disadvantage Whether a small-business owner who was denied entry into SBA's Section 8(a) Business Development Program for failing to prove "social disadvantage" ha…
25-7 Dawn Keefer, et al. v. Donald J. Trump, President of the United States, et al. Third Circuit 2025-07-02 Denied Response Waived article-iii-standing constitutional-duty elections-clause federal-elections legislative-authority state-officials Whether individual legislators have Article III standing to sue state and federal executive officials for altering the manner of federal elections in …
25A6 Alvin Mansour, et al. v. Nevada Department of Business and Industry, Real Estate Division Nevada 2025-07-01 Presumed Complete article-iii-standing constitutional-rights futility-exception judicial-review licensing-regime pre-enforcement-relief Question not identified.
24-1326 IQ Data International, Inc. v. Ryan Six Ninth Circuit 2025-06-30 Denied Response Waived article-iii-standing cognizable-injury fair-debt-collection-practices-act injury-in-fact intrusion-upon-seclusion legal-standing Whether the receipt of a written letter constitutes an intrusion upon seclusion such that the recipient has suffered a cognizable injury in fact suffi…
24-1303 Zakiya Jendayi v. Della Hamlin, et al. California 2025-06-24 Denied article-iii-standing constitutional-uniformity due-process judicial-integrity probate-law trust-invalidation Whether a California probate court may invalidate a valid, lawfully executed trust—based on the contested claims of disinherited parties with no stand…
24-1289 Nissan North America, Inc. v. Sherida Johnson, on Behalf of Herself and All Others Similarly Situated, et al. Ninth Circuit 2025-06-17 Denied Response Waived article-iii-standing circuit-split class-action federal-court injury-in-fact rule-23 1. Whether a federal court may certify a Rule 23(b)(3) class when almost no one in the class has suffered—or will suffer—an Article III injury. 2. Wh…
24-1236 Louis Farrakhan, et al. v. Anti-Defamation League, et al. Second Circuit 2025-06-04 Denied Response Waived 42-USC-1983 article-III-standing first-amendment government-action quasi-governmental-actor representational-standing 1. Whether the Second Circuit failed to follow this Court's precedent when it held that representational standing does not exist in claims alleging …
24-1221 Susan Neese, et al. v. Robert F. Kennedy, Jr., Secretary of Health and Human Services, et al. Fifth Circuit 2025-05-30 Denied administrative-law article-iii-standing federal-funding healthcare-discrimination mootness summary-vacatur Should the Court summarily vacate the court of appeals' judgment under United States v. Munsingwear, Inc., 340 U.S. 36 (1950), and remand with instruc…
24-7214 Anthony J. Woods v. N'Gai Smith Fifth Circuit 2025-05-15 Denied IFP article-iii-standing civil-rights due-process hostile-work-environment subject-matter-jurisdiction summary-judgment 1. Whether Anthony J. Woods had Article III Standing to petition the court to redress his grievances under U.S. Constitution 1S* Amendment? 2. Did th…
24-1163 LaWanda Johnson v. United States Ninth Circuit 2025-05-14 Denied Response Waived article-iii-standing cares-act confidentiality-statute federal-law-interpretation judicial-procedure jurisdictional-challenge May procedures set forth by section 3221 of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (P.L. 116-136), and its regulations be, tec…
24-7189 Hannah Hekel v. Hunter Warfield, Inc. Eighth Circuit 2025-05-13 Denied Response RequestedResponse WaivedRelisted (2)IFP article-iii-standing circuit-split common-law-harm emotional-injury fdcpa-claims injury-in-fact This case presents three questions: (1) Spokeo v. Robins, 578 U.S. 330 (2016) and TransUnion LLC v. Ramirez, 594 U.S. 413 (2021) that an injury-in-fa…
24-1106 Joseph Mona v. Microbot Medical, Inc. Second Circuit 2025-04-24 Denied Amici (1)Response Waived article-iii-standing business-judgment disgorgement securities-exchange-act shareholder-derivative-action short-swing-profits Whether an issuing corporation that neither alleged nor suffered actual injury has Article III standing to maintain an action for the disgorgement of …
24A941 Kansas City Life Insurance Company v. Christopher Y. Meek, Individually and on Behalf of All Others Similarly Situated Eighth Circuit 2025-04-01 Presumed Complete article-iii-standing breach-of-contract circuit-split class-certification concrete-harm injury-in-fact Whether a class may be certified where some members suffered only legal injury from a pure breach of contract with no monetary harm.
24-1017 Jonathan Lindsey, Michigan State Senator, et al. v. Gretchen Whitmer, Governor of Michigan, et al. Sixth Circuit 2025-03-24 Denied Response Waived article-iii-standing constitutional-amendment elections-clause federal-elections legislative-power state-legislature The Elections Clause expressly requires federal election regulation by the States, namely that "[t]he Times, Places and Manner of holding Elections …
24-994 National Basketball Association v. Michael Salazar Second Circuit 2025-03-18 Denied Amici (3)Response RequestedResponse WaivedRelisted (8) article-iii-standing circuit-split consumer-rights personal-information third-party-disclosure video-privacy-protection-act Whether a consumer claiming that he was harmed by disclosure of his personal information must plead that his information was revealed to the public to…
24A885 Donald J. Trump, President of the United States, et al. v. Washington, et al. Ninth Circuit 2025-03-13 Presumed Complete Amici (1) article-iii-standing birthright-citizenship executive-authority executive-order preliminary-injunction universal-injunction Question not identified.
24-6727 David Wood v. Rachel Patton, Assistant Attorney General Fifth Circuit 2025-03-10 GVR Relisted (2)IFP article-iii-standing declaratory-judgment judicial-review plaintiff-injury redressability state-official Does Article III standing require a particularized determination of whether a specific state official will redress the plaintiff's injury by following…
24-792 Christine Reule, et al. v. Austin Reeve Jackson, Judge, District Court of Texas, 114th District, et al. Fifth Circuit 2025-01-24 Denied Response Waived article-iii-standing constitutional-challenge declaratory-relief injunctive-relief ministerial-capacity state-court-officials This is a case that, as in the Court's Whole Woman's Health proceeding, the state's actors, affirmed by the Fifth Circuit, claim that Petitioners cann…
24-716 Tate David Prows v. City of Oxford, Ohio, et al. Sixth Circuit 2025-01-08 Denied Response Waived article-iii-standing chilling-effect constitutional-rights first-amendment legislative-authority police-power 1. Are all First Amendment Chilling Effect Cases Subjective? 2. Do Political Subdivisions of States Have the Lawful Authority to Create Their Own Pol…
24-676 Friends of George's, Inc. v. Steven J. Mulroy, in His Official and Individual Capacity as the District Attorney General of Shelby County, Tennessee Sixth Circuit 2024-12-23 Denied Response Waived article-iii-standing content-based-restriction first-amendment judicial-review statutory-interpretation viewpoint-discrimination When evaluating a constitutional challenge to a state statute, may a federal court unilaterally narrow the statute's scope in a manner that contradict…
24-568 Michael J. Bost, et al. v. Illinois State Board of Elections, et al. Seventh Circuit 2024-11-21 Judgment Issued Amici (29)Response RequestedResponse WaivedRelisted (4) article-iii-standing election-law elections-clause electors-clause federal-preemption state-regulations The sole question presented here is whether Petitioners, as federal candidates, have pleaded sufficient factual allegations to show Article III standi…
24-531 James Shepherd, Trustee for the James B. Shepherd Trust, et al. v. Michael S. Regan, Administrator, Environmental Protection Agency, et al. Fifth Circuit 2024-11-12 Denied Response Waived article-iii-standing business-operations concrete-injury epa-orders property-interests third-party-standing 1. Article III Standing: Did the Fifth Circuit err in concluding that the Appellants lacked Article III standing despite their well-pleaded allegatio…
24-464 Thomas J. Dart, Sheriff, Cook County, Illinois, et al. v. Quintin Scott Seventh Circuit 2024-10-24 Denied Amici (1) article-iii-standing circuit-conflict class-action incentive-award judicial-standing redressability Does a putative class representative have Article III standing solely to seek an "incentive award" nowhere authorized by statute, rule, or historic pr…
24-462 Mark Kelly v. Daniel Dorman, et al. Seventh Circuit 2024-10-24 Denied Response Waived article-iii-standing citation-rules federal-rules-of-evidence judicial-precedent summary-dismissal unpublished-dispositions Federal circuit courts ' local rules governing citation of unpublished dispositions prior to January 1, 2007 for purposes of establishing facts and …
24-453 Emmanuel G. Louis, Jr., et al. v. Bluegreen Vacations Unlimited, Inc., et al. Eleventh Circuit 2024-10-22 Denied Amici (2) article-iii-standing contract-enforcement federal-jurisdiction judicial-review restitution void-contract Do plaintiffs who paid money under a void contract have Article III standing to challenge the enforcement of that contract and seek restitution of the…
24-426 Plan Benefit Services, Inc., et al. v. Heriberto Chavez, et al. Fifth Circuit 2024-10-16 Denied Response Waived article-iii-standing circuit-split class-action class-certification federal-civil-procedure standing-doctrine The determination of whether a named plaintiff in a class action has Article III standing to bring claims on behalf of others has been addressed by …
24-386 B. M. v. United States, et al. Armed Forces 2024-10-07 Denied Amici (1)Response WaivedRelisted (3) article-iii-standing congressional-power court-martial judicial-review military-privilege victim-rights 1. Whether the CAAF may prudentially apply Article III limits on judicial power despite its obligation to review cases in accordance with a law enacte…
24-343 Robert H. Aland v. Department of the Interior, et al. Seventh Circuit 2024-09-26 Denied Response Waived administrative-law article-iii-standing declaratory-judgment-act federal-agency-appointment statutory-qualifications subject-matter-jurisdiction 1. Standing. Whether Petitioner has standing within the meaning of Article III, Sec. 2, Clause 1 of the U.S. Constitution to challenge a federal gover…
24A267 Kelsey Cascadia Rose Juliana, et al. v. United States, et al. Ninth Circuit 2024-09-16 Presumed Complete article-iii-standing declaratory-judgment fifth-amendment leave-to-amend ninth-circuit redressability 1. The petition for a writ of certiorari would raise two issues. The first is the manner of analyzing the redressability prong of Article III standing…
24-282 Minnesota RFL Republican Farmer Labor Caucus, et al. v. Mary Moriarty, in Her Official Capacity as County Attorney for Hennepin County, Minnesota, et al. Eighth Circuit 2024-09-12 Denied Response Waived article-iii-standing declaratory-relief eleventh-amendment ex-parte-young first-amendment ripeness Whether there are additional ripeness or imminence requirements under the Ex parte Young exception to Eleventh Amendment immunity in actions for decla…
24-226 Grace Bible Fellowship, et al. v. Jared Polis, Governor of Colorado, et al. Tenth Circuit 2024-08-29 Denied Response Waived article-iii-standing constitutional-rights declaratory-relief first-amendment jurisdictional-analysis mootness Whether plaintiffs seeking only declaratory relief, without alleging an "ongoing" or "imminent" or "continuing" deprivation of constitutional rights, …
24-217 SFA Holdings, Inc., fka SAKS Incorporated v. 4 Stratford Square Mall Holdings, LLC Seventh Circuit 2024-08-28 Denied Response Waived article-iii-standing contract-interpretation federalism lease-agreement summary-judgment waiver-doctrine 1. Whether the United States Court of Appeals for the Seventh Circuit—in holding that Petitioner waived its right to assert affirmative defenses under…
24A214 Emmanuel G. Louis, Jr., et al. v. Bluegreen Vacations Unlimited, Inc., et al. Eleventh Circuit 2024-08-27 Presumed Complete article-iii-standing circuit-split contract-void military-lending-act predatory-lending service-members Question not identified.
24-129 Deadria Farmer-Paellmann, et al. v. Smithsonian Institution District of Columbia 2024-08-06 Denied Response Waived administrative-procedure-act article-iii-standing benin-bronzes enslaved-africans ethical-return-policy long-term-loan mootness public-hearing-process repatriation smithsonian-institution subject-matter-jurisdiction title-transfer Whether descendants of enslaved Africans in the Un Whether the courts below improperly held the matte 1. Whether subject matter jurisdiction exists over the Smithsonian Institution's repatriation of artworks to a foreign state under an Ethical Return p…
24-7 Diamond Alternative Energy, LLC, et al. v. Environmental Protection Agency, et al. District of Columbia 2024-07-08 Judgment Issued Amici (29)Response WaivedRelisted (8) article-iii-standing california-waiver clean-air-act epa-waiver greenhouse-gas-emissions preemption standing zero-emission-vehicle 1. Whether a party may establish the redressability component of Article III standing by relying on the coercive and predictable effects of regulation…
23-7809 Ruben Gutierrez v. Luis Saenz, et al. Fifth Circuit 2024-06-26 Judgment Issued Amici (2)IFP article-iii-standing circuit-split declaratory-judgment due-process federal-courts redressability reed-v-goertz state-official In Reed v. Goertz, 598 U.S. 230, 234 (2023), this Court held that Rodney Reed has standing to pursue a declaratory judgment that Texas's post-convicti…
23A1150 Lindsey Gremont, et al. v. Jane Nelson, Texas Secretary of State, et al. Fifth Circuit 2024-06-25 Presumed Complete article-iii-standing election-administration election-infrastructure federal-interference judicial-redress state-sovereignty Question not identified.
23-1327 Paulette Barclift v. Keystone Credit Services, LLC Third Circuit 2024-06-20 Denied article-iii article-iii-standing circuit-split civil-rights-standing common-law-tort due-process intangible-harm judicial-interpretation standing-article-iii-harm-intangible-tort-common-l transu nion-precedent transunion-v-ramirez 1. Whether under TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), a plaintiff alleging an intangible harm need only allege one that is similar in kind,…
23-1307 RAC Acceptance East, LLC v. Shannon McBurnie, et al. Ninth Circuit 2024-06-14 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) arbitration-agreement article-iii article-iii-standing claim-for-relief federal-arbitration-act lamps-plus mitsubishi-motors public-injunction severability standing viking-river In Viking River Cruises v. Moriana , this Court held that state law cannot obstruct enforcement of agreements for individualized arbitration by combin…
23A1081 Joshua A. Lapin v. EverQuote, Inc., et al. Eighth Circuit 2024-06-04 Presumed Complete article-iii-standing concrete-harm consumer-protection digital-nomad federal-jurisdiction statutory-damages Whether an uninjured plaintiff who receives junk calls/texts/e-mail/voicemail, or similar consumer protection infraction, who seeks only statutory dam…
23-1223 Jennifer L. Cooper, et al. v. US Dominion, Inc., et al. Tenth Circuit 2024-05-20 Denied Response Waived article-iii-standing cease-and-desist civil-rights defamation due-process equal-protection free-speech precedential-opinion standing Two questions are presented: 1. Whether the recipients of a cease-and-desist letter—which falsely accuses them of defamation, threatens imminent liti…
23A952 Paulette Barclift v. Keystone Credit Services, LLC Third Circuit 2024-04-23 Presumed Complete article-iii-standing circuit-split concreteness-test fair-debt-collection-practices-act statutory-harm transunion-standard Question not identified.
23-1138 Angela Williams, et al. v. Joseph Lombardo, Governor of Nevada, et al. Ninth Circuit 2024-04-19 Denied Response Waived 13th-amendment article-iii-standing causation civil-procedure civil-rights government-liability section-1983 standing thirteenth-amendment trafficking-victims-protection-act Petitioners were sex trafficked within Nevada's legalized prostitution system, and sued the businesses that trafficked them, and the government entiti…
23-1105 National Press Photographers Association v. Kelly Higgins, in His Official Capacity as District Attorney of Hays County, Texas, et al. Fifth Circuit 2024-04-11 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) article-iii-standing civil-rights content-based-restriction content-based-restrictions drone-surveillance due-process first-amendment free-speech intermediate-scrutiny standing vagueness void-for-vagueness 1. Do journalists and news organizations whose First Amendment rights are chilled by an ambiguous criminal law have standing to bring a facial void-fo…
23-1062 Mark Changizi, et al. v. Department of Health and Human Services, et al. Sixth Circuit 2024-03-28 Denied Amici (1)Relisted (2) article-iii-standing civil-rights constitutional-rights first-amendment free-speech government-censorship government-interference public-health-policy social-media social-media-censorship standing Petitioners are three individual users of a social media platform who allege that federal officials violated their First Amendment rights by inducing …
23-1021 Kari Lake, et al. v. Adrian Fontes, Arizona Secretary of State, et al. Ninth Circuit 2024-03-18 Denied Amici (1)Response Waived article-iii-standing civil-rights due-process due-process-clause election-controversy election-integrity jurisdictional-amendment national-security standing voting-machine-tampering voting-machines 1. Whether an Article III case or controversy existed at all relevant times and still exists. 2. Whether petitioners may amend their allegations of j…
23-981 Architects & Engineers for 9/11 Truth, et al. v. Gina M. Raimondo, Secretary of Commerce, et al. District of Columbia 2024-03-07 Denied Response Waived agency-abuses agency-report article-iii-standing constitutional-right-of-access-to-the-courts constitutional-rights havens-realty-corp-v-coleman informational-standing judicial-oversight organizational-standing A. Did the United States Court of Appeals for the District of Columbia Circuit Erroneously Nullify the Doctrine of Organizational Standing, by Conflat…
23-924 John Anthony Castro v. Adrian Fontes, Arizona Secretary of State, et al. Ninth Circuit 2024-02-27 Denied Response Waived arizona-ballot article-iii article-iii-standing ballot-access campaign-expenses hearsay hearsay-evidence judicial-discretion motion-to-amend presidential-candidate standing Arizona ballot-placed Republican Presidential Candidate, whose direct and current competition for votes evidenced by thousands of dollars in Arizona-s…
23A722 Luis Sanchez, et al. v. United States Eleventh Circuit 2024-02-05 Presumed Complete article-iii-standing civil-forfeiture concrete-injury pleading-amendment property-seizure section-853(n) Whether (1) a District Court has the discretion to provide a civil forfeiture claimant an opportunity to amend a timely-filed 21 U.S.C. § 853(n) petit…
23-764 Facebook, Inc. v. Rosemarie Vargas, et al. Ninth Circuit 2024-01-17 Denied Response Waived article-iii-standing circuit-conflict circuit-split civil-procedure federal-jurisdiction Iqbal judicial-procedure ninth-circuit-precedent plausibility plausibility-standard standing Twombly Does the Twombly-Iqbal plausibility standard apply to a plaintiff's allegations of Article III standing?
23-742 Milan Kiser, et al. v. Chris Langer Ninth Circuit 2024-01-09 Denied Amici (1)Response WaivedRelisted (2) ada americans-with-disabilities-act article-iii article-iii-standing civil-rights concrete-injury public-accommodation separation-of-powers standing tester-standing On March 27, 2023, this Court granted the petition for writ of certiorari to the Court of Appeals for the First Circuit in the case, Acheson Hotels, L…
23A589 Rian Waters v. Aidan Kearney Massachusetts 2023-12-27 Presumed Complete article-iii-standing constitutional-rights criminal-prosecution fair-trial first-amendment witness-intimidation Whether I have standing to appeal the court's unintelligible refusal to issue a criminal complaint, when the crime is against justice, and my safety, …
23-507 Rita C. Simpson-Vlach, et vir, on Behalf of A. S. and M. S., et al. v. Michigan Department of Education, et al. Sixth Circuit 2023-11-14 Denied Response Waived article-iii-standing disability-rights due-process education educational-access idea idea-compliance procedural-requirements remote-learning standing 1. Disabled students, unlike non-disabled students, are unable to be educated remotely. Did the Petitioners, disabled students and their parents, alle…
23-332 Cypress-Fairbanks Independent School District v. Jane Roe Fifth Circuit 2023-09-29 Denied article-iii-standing civil-rights deliberate-indifference due-process peer-harassment school-liability standing summary-judgment title-ix Since its landmark decision in Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), the Court has not provided school districts with any gu…
23-236 Danco Laboratories, L.L.C. v. Alliance for Hippocratic Medicine, et al. Fifth Circuit 2023-09-12 Judgment Issued administrative-procedure-act administrative-record agency-deference article-iii-standing circuit-split fda-drug-approval judicial-review national-scope preliminary-injunction In 2000, the Food and Drug Administration (FDA) approved Danco's drug Mifeprex for termination of early pregnancy based on the agency's expert judgmen…
23-235 Food and Drug Administration, et al. v. Alliance for Hippocratic Medicine, et al. Fifth Circuit 2023-09-12 Judgment Issued Amici (3) abortion abortion-medication administrative-law agency-action article-iii-standing civil-procedure fda fda-regulations mifepristone preliminary-relief standing 1. Whether respondents have Article III standing to challenge FDA's 2016 and 2021 actions. 2. Whether FDA's 2016 and 2021 actions were arbitrary and …
23A176 Cypress-Fairbanks Independent School District v. Jane Roe Fifth Circuit 2023-08-25 Presumed Complete article-iii-standing davis-standard deliberate-indifference school-district-liability student-sexual-harassment title-ix Question not identified.
23A71 Direct Energy, LP v. Matthew Dickson Sixth Circuit 2023-07-25 Presumed Complete article-iii-standing circuit-split concrete-injury-in-fact ringless-voicemail telephone-consumer-protection-act unsolicited-communications 1. This case presents an important question of Article III standing—namely, whether a plaintiff can establish a concrete injury in fact by identifying…
22-1181 Evenflo Company, Inc. v. Mike Xavier, et al. First Circuit 2023-06-07 Denied Response Waived article-iii-standing civil-procedure civil-rights class-action concrete-harm consumer-protection due-process economic-injury judicial-inference pleading-standard standing Whether a plaintiff alleging economic injury must plead facts to support his theory of harm, as several circuits require, or whether a court may suppl…
22-1169 Expedia Group, Inc., et al. v. Mario Del Valle, et al. Eleventh Circuit 2023-06-02 Denied Response Waived article-iii-standing civil-rights common-law-analogue helms-burton-act intangible-harm standing statutory-damages takings unjust-enrichment Whether, under TransUnion, intangible, statutory harm must have a historical or common-law analogue in the context of the particular relief sought to …
22-920 ViSalus, Inc. v. Lori Wakefield, Individually and on Behalf of All Others Similarly Situated Ninth Circuit 2023-03-21 Denied Response Waived article-iii article-iii-standing civil-rights class-action concrete-injury due-process marketing-communications standing statutory-damages tcpa-violation telephone-consumer-protection-act Whether, in light of TransUnion , receipt of a phone call after opting in to receive marketing communications is a "concrete injury in fact" sufficien…
22-907 Monte Silver, Ltd. v. Internal Revenue Service, et al. District of Columbia 2023-03-17 Denied Response Waived article-iii-standing compliance-costs procedural-violation regulatory-flexibility-act small-business-rights tax-cuts-and-jobs-act transition-tax This case presents an important question as to the proper application of Article III standing to small businesses who challenge regulations under the …
22-6921 In Re Oscar Adrian Marquez 2023-03-03 Denied Response WaivedIFP article-iii-standing civil-procedure court-of-appeals district-court due-process federal-courts jurisdiction mandamus 1. Is the failure of a District Court and a United States Court of Appeals to order instant dismissal of the immediate case for lack of Article III S…
22-816 The School of the Ozarks, Inc., dba College of the Ozarks v. Joseph R. Biden, Jr., President of the United States, et al. Eighth Circuit 2023-02-28 Denied Amici (10) administrative-law administrative-procedure-act article-iii-standing enforcement executive-order fair-housing-act gender-identity notice-and-comment regulatory-enforcement standing 1. Whether a notice-and-comment violation, on its own, can establish Article III standing for a regulated entity within the applicable zone of interes…
22-6115 Danny Fabricant v. Federal Election Commission, et al. District of Columbia 2022-11-21 Denied Response WaivedIFP article-iii-standing campaign-finance constitutional-law constitutional-qualifications declaratory-judgment equal-protection federal-election-campaign-act federal-election-commission prisoner-litigation standing statutory-interpretation 1. Does 52 U.S.C. § 30101's REQUIREMENT, that potential candidates for the House of Representatives report (either) the receipt of more that $5,000 in…
22-435 Renetrice R. Pierre v. Midland Credit Management, Inc. Seventh Circuit 2022-11-09 Denied Amici (2) article-iii-standing circuit-split emotional-distress fair-debt-collection-practices-act intangible-injuries intangible-injury psychological-harm statutory-right Whether a plaintiff who suffers emotional or psychological distress and confusion from a debt collector's unlawful attempt to collect a debt has Artic…
22-433 The Lawyers' Committee for 9/11 Inquiry, Inc., et al. v. Merrick B. Garland, Attorney General of the United States, et al. Second Circuit 2022-11-08 Denied Response Waived 11-Sep 9-11 article-iii article-iii-standing civil-rights constitutional-rights due-process federal-circuits federal-courts first-amendment grand-jury judicial-remedies standing A. Did the United States Court of Appeals for the Second Circuit Act Contrary to the Constitution and in Conflict with Decisions of the Supreme Court …
22-429 Acheson Hotels, LLC v. Deborah Laufer First Circuit 2022-11-08 Judgment Issued Amici (21)Response RequestedResponse WaivedRelisted (3) ada ada-tester article-iii-standing civil-rights disability-accessibility disability-rights legal-standing public-accommodation standing website website-accessibility Does a self-appointed Americans with Disabilities Act "tester" have Article III standing to challenge a place of public accommodation's failure to pro…
22-425 Robin Carnahan, Administrator of the General Services Administration v. Carolyn Maloney, et al. District of Columbia 2022-11-07 Judgment Issued Relisted (7) 5-usc-2954 article-iii-standing civil-procedure congress-members congressional-oversight disclosure-request executive-agency information-disclosure separation-of-powers statutory-interpretation Whether individual Members of Congress have Article III standing to sue an executive agency to compel it to disclose information that the Members have…
22-65 Michael Van Cleve v. Gina Raimondo, Secretary of Commerce, et al. Eleventh Circuit 2022-07-25 Denied Response WaivedRelisted (2) article-iii-standing civil-procedure civil-rights constitutional-interpretation due-process resource-diversion standing standing-doctrine statistical-information statistical-policy three-judge-panel In August 2020, I brought a challenge to the government's application of the 1997 Office of Management and Budget race categories to the 2020 U.S. Cen…
22-5129 V. V. v. E. V. Connecticut 2022-07-19 Denied IFP article-iii article-iii-standing contracts-clause due-process equal-protection full-faith-and-credit next-friend standing supremacy-clause Does the respondent have standing to assert claims as next friend of the child (1) against the petitioner under Article III of the United States Const…
22-31 Arizona v. Brian Mecinas, et al. Ninth Circuit 2022-07-12 Denied Response RequestedResponse WaivedRelisted (2) appellate-procedure article-iii-standing civil-procedure intervention mootness munsingwear-doctrine political-question standing vacatur 1. Whether the motion to intervene was timely. 2. Whether the opinion below should be vacated as moot under Munsingwear.
21-1530 Martine Bernard v. Christopher Hodyl Colorado 2022-06-06 Denied article-iii-standing civil-rights court-ordered-therapy due-process fourteenth-amendment personal-autonomy privilege professional-ethics standing therapist-privilege therapy-requirement Whether the federally and state recognized psychotherapist-patient privilege in Jaffee v. Redmond and personal autonomy under the Fourteenth Amendment…
21-7819 Kevin Ray Smith v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP abuse-of-discretion article-iii-standing collateral-attack constitutional-challenge criminal-conviction due-process federal-criminal-law habeas-corpus jurisdictional-defect 1. Did Petitioner have Article standing to collaterally attack a federal criminal conviction, assuming 28 U.S.C. §2255, relying on this Court's preced…
21-1389 Jeremy Bates v. Donald J. Trump, et al. Second Circuit 2022-04-28 Rehearing Response WaivedRelisted (2) article-iii-standing attorney-general citizen-taxpayer-suit civil-rights derivative-standing due-process executive-power presidential-misconduct separation-of-powers standing statutory-interpretation 1. Whether a citizen may have standing to sue the President derivatively on behalf of the United States. 2. Whether, in light of 28 U.S.C. § 516, thi…
21-1304 Dennis Hollingsworth, et al. v. Kristin M. Perry, et al. Ninth Circuit 2022-03-30 Denied Response RequestedResponse WaivedRelisted (3) article-iii-standing civil-rights due-process emergency-stay federal-judiciary judicial-integrity promise-doctrine standing trial-recordings 1. Whether the breach of Judge Walker's binding promise to Petitioners, upon which they reasonably and detrimentally relied, cognizably injures them. …
21-1242 Chad Chronister, Sheriff, Hillsborough County, Florida, et al. v. Andrew Joseph, Jr., as Natural Father, Next Friend, and Personal Representative of the Estate of Andrew Joseph, III, Deceased Eleventh Circuit 2022-03-14 Denied article-iii article-iii-standing case-or-controversy circuit-court circuit-court-precedent probable-cause qualified-immunity sovereign-immunity standing supreme-court-precedent (1) This Court and several Circuit Courts of Appeals have held that federal courts should not reach the merits of a case, including issues such as sov…
21-1231 Priscilla Lefebure v. Samuel D'Aquilla, Individually and in His Official Capacity as District Attorney Fifth Circuit 2022-03-10 Denied Amici (4) article-iii-standing causation civil-rights damages discriminatory-policy district-attorney due-process equal-protection sexual-assault standing Whether a rape victim has Article III standing to sue for damages when the invidiously discriminatory policies of a district attorney's office are cau…
21-1040 Corona Clay Company v. Inland Empire Waterkeeper, a Project of Orange County Coastkeeper, et al. Ninth Circuit 2022-01-26 Denied article-iii-standing citizen-suit civil-rights clean-water-act due-process environmental-law federal-rules-of-civil-procedure informational-injury jurisdictional-waters standing 1. Whether, in a private citizen suit brought under 33 U.S.C. § 1365(a) of the Clean Water Act (the "CWA"), a plaintiff can establish Article III stan…
21-1031 Estate of Cheryl Beaudry v. Telecheck Services, Inc., et al. Sixth Circuit 2022-01-21 Denied Response Waived article-iii-standing check-reporting class-action consumer-protection consumer-reports fair-credit-reporting-act injury-in-fact positive-checkwriting-information putative-class-action risk-of-check-declines In this putative class action involving over 1.4 million consumers, when presenting checks to merchants for payment, did named plaintiff Cheryl Beaudr…
21-652 Lynette Duncan, as Personal Representative of the Estate of David Duncan, Deceased v. Liberty Mutual Insurance Company Sixth Circuit 2021-11-02 Denied Response Waived article-iii-standing breach-of-contract circuit-conflict injury-in-fact insurance-coverage medical-reimbursement medicare-secondary-payer-act private-cause-of-action Does a person suffer Article III injury-in-fact when an insurer breaches its contractual obligation to pay for the person's medical care?
21-5966 Cecile Andrea Brown v. John C. Coughenour, Judge, United States District Court for the Western District of Washington, et al. Ninth Circuit 2021-10-14 Denied Response WaivedIFP article-iii-standing civil-rights constitutional-rights damages due-process fundamental-rights government-accountability judicial-review mootness nominal-damages standing Whether nominal damages account for harms associated with past constitutional violations acknowledges that plaintiffs have suffered real injuries from…
21-428 Rocket Mortgage, LLC, fka Quicken Loans Inc., et al. v. Phillip Alig, et al. Fourth Circuit 2021-09-21 GVR Amici (1)Response RequestedResponse WaivedRelisted (2) article-iii-standing circuit-split civil-rights class-action damages due-process financial-injury injury mortgage-lending standing standing-doctrine 1. Whether basing Article III standing to seek damages on a mere risk of harm, without evidence that the harm ever materialized, is inconsistent with …
21-376 Deb Haaland, Secretary of the Interior, et al. v. Chad Everet Brackeen, et al. Fifth Circuit 2021-09-08 Judgment Issued Amici (4)Response WaivedRelisted (5) 10th-amendment anticommandeering article-iii-standing equal-protection indian-child-welfare-act placement-preferences recordkeeping standing tenth-amendment 1. Whether various provisions of ICWA —namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Sec…
21-336 Shiyang Huang v. Brian F. Spector, et al. Eleventh Circuit 2021-09-02 Denied Response Waived article-iii-standing civil-procedure class-action class-certification future-harm monetary-damages money-damages risk-of-harm supreme-court-precedent transunion-v-ramirez Whether class-action plaintiffs can still rely on mere "risk of future harm" allegations alone to establish Article III standing, achieve class certif…
21-318 Mark Leyse v. Bank of America, National Association Third Circuit 2021-09-01 Denied Response Waived article-iii-standing congress-lawmaking-authority congressional-intent consumer-protection intangible-harms spokeo-v-robins statutory-harm telemarketing-regulation telephone-consumer-protection-act unsolicited-telemarketing The text of the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA"), demonstrates Congress's determination that certain types of unsolicited t…
21-93 Lawyers' Committee for 9/11 Inquiry, Inc., et al. v. Christopher A. Wray, Director, Federal Bureau of Investigation, et al. District of Columbia 2021-07-23 Denied Response Waived 9-11-transparency article-iii-standing attorney-general department-of-justice federal-judicial-disqualification-statute federal-procedure government-accountability judicial-disqualification legislative-history recusal supervisory-power A. Did the United States Court of Appeals for the District of Columbia Circuit Depart from the Accepted and Usual Course of Judicial Proceedings to Su…
20-1738 Janet L. Yellen, Secretary of the Treasury, et al. v. United States House of Representatives District of Columbia 2021-06-15 GVR article-iii-standing border-wall border-wall-expenditures congress congressional-standing executive-branch executive-branch-challenge mootness separation-of-powers statutory-authority Whether, pursuant to United States v. Munsingwear, Inc., 340 U.S. 36 (1950), this Court should vacate the court of appeals' judgment that a single Hou…
20-1673 Ashley Nettles v. Midland Funding LLC, et al. Seventh Circuit 2021-06-02 Denied article-iii-standing circuit-split concrete-injury fair-debt-collection-practices-act procedural-rights separation-of-powers spokeo-v-robins 1. Whether, under Spokeo, it is sufficient for standing simply to allege a violation of the procedural rights created by the Fair Debt Collection Prac…
20-1509 Pamela Timbes v. Deutsche Bank National Trust Company, as Indenture Trustee Georgia 2021-04-28 Dismissed article-iii-standing collateral-estoppel discretionary-appeal due-process fourteenth-amendment georgia-rico mortgage-fraud property-rights res-judicata standing 1. Whether the stated claims for relief of this Case arising directly under the due process clause of the Fourteenth Amendment of the United States Co…
20-1259 Protect Our Parks, Inc., et al. v. City of Chicago, Illinois, et al. Seventh Circuit 2021-03-11 Denied Response Waived article-iii-standing civil-procedure due-process fifth-amendment fourteenth-amendment lujan-standard standing takings takings-clause 1. Whether the Plaintiffs possess Article III standing to bring their takings and due process claims in light of the Seventh Circuit's application of …
20-1061 Dantzler, Inc., et al. v. S2 Services Puerto Rico, LLC, et al. First Circuit 2021-02-03 Denied article-iii-standing causation circuit-split federal-court federal-jurisdiction injury judicial-standing standing third-party third-party-action Is the causal connection required for standing satisfied when it is substantially likely that a third party in the chain of causation will respond to …
20-7007 Vernon Allen Collins v. United States Fourth Circuit 2021-02-01 Denied Response WaivedIFP article-iii-standing civil-procedure constitutional-minimum coram-nobis due-process johnson-v-united-states residual-clause sentencing sentencing-enhancement standing I. WHETHER THE APPELLATE COURT ADOPTIONS OF THE DISTRICT COURT DISPOSITIVE PROCEDURAL CONCLUSIONS ERRED IN HOLDING COLONS HAD FAILED TO PROVE ARTICLE …
20-889 The Sherwin-Williams Company v. Delaware County, Pennsylvania, et al. Third Circuit 2021-01-05 Denied Response Waived article-iii-standing chilled-speech civil-rights constitutional-rights due-process first-amendment free-speech government-action standing Fundamental in this Court's Article III jurisprudence is the principle that the federal courts are open to hear federal claims for declaratory and inj…
20-779 Argentum Pharmaceuticals LLC v. Novartis Pharmaceuticals Corporation Federal Circuit 2020-12-08 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) administrative-proceeding article-iii-standing article-three-standing fda-approval inter-partes-review joint-venture leahy-smith-america-invents-act patent-challenge patent-validity pharmaceutical-industry pharmaceutical-patent Did the Federal Circuit categorically and erroneously preclude redress for injured members of joint ventures in the pharmaceutical industry by only re…
20-717 Concerned Citizens for Nuclear Safety, Inc. v. Environmental Protection Agency, et al. Tenth Circuit 2020-11-24 Denied Response Waived article-iii article-iii-standing clean-water-act environmental-protection-agency environmental-standing epa-permitting hazardous-waste procedural-standing resource-conservation-and-recovery-act resource-conservation-recovery-act standing 1. Does petitioner CCNS have Article III substantive standing to challenge the CWA permit? 2. Does petitioner CCNS have Article III procedural standi…
20-573 James M. Kerven v. United States Second Circuit 2020-10-30 Denied Response Waived article-iii-standing bill-of-rights brandeis-arithmetic civil-rights constitutional-standing due-process particularized-injury petition-for-redress petition-rights prudential-discretion standing 1. Do You think Justice Louis Brandeis using his Brandeis Arithmetic could get standing before the court without a particularized injury.? 2. Do yo…
20-521 Citizens for Fair Representation, et al. v. Alex Padilla, California Secretary of State Ninth Circuit 2020-10-20 Denied Response Waived article-iii article-iii-standing civil-rights constitutional-provisions due-process judicial-review party-presentation standing subject-matter-jurisdiction three-judge-district-court 1. Did any Petitioner/Plaintiffs named in the three complaints filed with the District Court allege sufficient personal concrete and particularized ha…
20-297 TransUnion LLC v. Sergio L. Ramirez Ninth Circuit 2020-09-08 Judgment Issued Amici (28) article-iii-standing civil-rights class-action damages due-process fair-credit-reporting-act punitive-damages standing statutory-damages 1. Whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an i…
20-192 Mary Louise Serafine v. Karin Crump, et al. Fifth Circuit 2020-08-19 Denied Response Waived article-iii-standing civil-procedure civil-rights due-process judicial-immunity prospective-relief section-1983 standing state-court-proceeding Whether City of Los Angeles v. Lyons may be expanded to bar Article III standing under Section 1983 in a suit for prospective relief against state jud…
20-174 Patrick Baehr, et ux. v. The Creig Northrop Team, P.C., et al. Fourth Circuit 2020-08-17 Denied Response Waived article-iii-standing civil-rights concrete-harm due-process fiduciary-relationship kickback kickbacks real-estate respa standing statutory-interpretation I. Whether plaintiffs pursuing claims under the Real Estate Settlement Procedures Act ("RESPA") must present evidence of an overcharge for services ta…
20-64 David McMahon, et al. v. Jay Hartzell, et al. Fifth Circuit 2020-07-23 Denied Response Waived article-iii-standing constitutional-rights federal-taxpayer-standing free-speech injury-in-fact municipal-funds public-charitable-trust taxpayer-standing 1. With regard to Article III standing and an injuryin-fact, do the authors of protected speech have to be the original authors or can interested indi…
20-14 Congregation Rabbinical College of Tartikov, Inc., et al. v. Village of Pomona, New York, et al. Second Circuit 2020-07-10 Denied Amici (2)Response RequestedRelisted (2) article-iii article-iii-standing fair-housing-act free-exercise institutionalized-persons-act municipal-law property-rights religious-exercise religious-land-use rluipa standing zoning-law When it enacted the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc, et seq. , Congress created a cause of acti…
19-1411 Barry L. Rupert, et al. v. Ralph S. Janvey, as Receiver for Stanford Receivership Estate, et al. Fifth Circuit 2020-06-24 Denied Response RequestedResponse WaivedRelisted (2) article-iii article-iii-standing civil-procedure federal-court-jurisdiction non-receivership-entities ponzi-scheme receivership receivership-estate settlement settlement-bar standing third-party-claims Petitioners were investors who lost their investment in the Stanford International Bank Ponzi scheme. Petitioners brought suit in state court against …
19-1402 Antonio Jubis Zacarias, et al. v. Ralph S. Janvey, et al. Fifth Circuit 2020-06-23 Denied Response RequestedResponse WaivedRelisted (2) article-iii article-iii-jurisdiction article-iii-standing bar-orders circuit-conflict civil-procedure investor-claims receivership receivership-estate standing standing-doctrine Whether a district court in a receivership action has Article III jurisdiction to bar investor claims for individual injuries when the receiver lacks …
19-1366 Shiyang Huang v. Valeska Schultz, et al. Eighth Circuit 2020-06-12 Denied Response Waived article-iii-standing civil-procedure class-action due-process in-personam-claims monetary-relief rule-23 rules-enabling-act settlement standing I. Whether unnamed class members under Federal Rule of Civil Procedure 23 must have Article III standing for class certification (as four circuits hav…
19-1069 Takeda Pharmaceutical Company Limited, et al. v. Painters and Allied Trades District Council 82 Health Care Fund, et al. Ninth Circuit 2020-02-28 Denied Amici (3) article-iii-standing causation-theory class-action false-statements intervening-factors omissions prescription-drug prescription-drugs product-liability proximate-cause rico-act rico-claim standing This petition involves a putative nationwide class action under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), in which respondents …
19-1040 March for Life Education and Defense Fund v. California, et al. Ninth Circuit 2020-02-20 GVR Response WaivedRelisted (2) abortion administrative-law article-iii-standing civil-rights contraception contraceptive-mandate due-process federal-regulations healthcare healthcare-coverage moral-objection moral-objections religious-exemption standing 1. Whether states have Article III standing to challenge the religious and moral exemptions based on a hypothetical increase in their discretionary, v…
19-1012 General Electric Company v. Raytheon Technologies Corporation, fka United Technologies Corporation Federal Circuit 2020-02-14 Denied Amici (2) article-iii article-iii-standing civil-procedure civil-rights competition competitive-harm competitor-standing due-process inter-partes-review judicial-precedent patent patent-infringement patent-law standing Whether competitive harm alone suffices to confer Article III standing to appeal an IPR determination, or whether an appellant must also show concrete…
19-1005 Hotze Health Wellness Center International One, LLC, et al. v. Environmental Research Center, Inc. Ninth Circuit 2020-02-11 Denied Response WaivedRelisted (2) appellate-jurisdiction appellate-procedure article-iii-standing circuit-precedent en-banc-review federal-rules federal-rules-of-appellate-procedure intra-circuit-splits jurisdictional-dismissal local-appellate-rules local-rules motions-panel subject-matter-jurisdiction Whether the Ninth Circuit's local rules for en banc review violate FED. R. APP. P. 47(a)(1) by allowing a three-judge motions panel to deny en banc re…
19-841 United States House of Representatives v. Texas, et al. Fifth Circuit 2020-01-03 Denied Response WaivedRelisted (3) affordable-care-act article-iii article-iii-standing congress-power congressional-authority constitutional-challenge severability standing tax-provision taxation In National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), this Court upheld 26 U.S.C. 5000A, a provision of the Affordable Care…
19-840 California, et al. v. Texas, et al. Fifth Circuit 2020-01-03 Judgment Issued Amici (14)Response WaivedRelisted (2) affordable-care-act article-iii-standing congress-power constitutional-challenge due-process minimum-coverage-provision severability standing tax-power taxation 1. Whether the individual and state plaintiffs in this case have established Article III standing to challenge the minimum coverage provision in Secti…
19-785 James Huff v. Telecheck Services, Inc., et al. Sixth Circuit 2019-12-19 Denied article-iii-standing concrete-injury consumer-reporting-agency consumer-rights credit-determinations fair-credit-reporting-act procedural-rights substantive-information substantive-rights Whether a consumer who requested his entire credit file under the Fair Credit Reporting Act has suffered a concrete injury sufficient to confer Articl…
19-777 Electronic Privacy Information Center v. Department of Commerce, et al. District of Columbia 2019-12-18 Denied administrative-procedure article-iii article-iii-standing census-citizenship-question e-government-act federal-election-commission freedom-of-information informational-injury injury-in-fact mootness munsingwear-vacatur privacy-impact-assessment public-information standing-injury-in-fact statutory-disclosure vacatur 1. Does a plaintiff suffer an Article III injury in fact "when the plaintiff fails to obtain information which must be publicly disclosed pursuant to …
19-706 Facebook, Inc. v. Nimesh Patel, et al. Ninth Circuit 2019-12-04 Denied Amici (3)Response Waived article-iii-standing circuit-split civil-procedure class-certification concrete-injury concrete-interest future-risk personal-information predominance real-world-injury risk-of-harm standing-article-iii statutory-violation 1. Whether a court can find Article III standing based on its conclusion that a statute protects a concrete interest, without determining that the …
19-677 Dave Yost, et al. v. Planned Parenthood Southwest Ohio Region, et al. Sixth Circuit 2019-11-26 Denied Amici (1)Relisted (2) 42-usc-1988 abortion-providers abortion-rights article-iii article-iii-standing attorney-fees civil-rights patient-rights preliminary-injunction prevailing-party standing statutory-interpretation 1. Do abortion providers have Article III standing to assert the rights of their patients? 2. When, if ever, does a plaintiff who wins a preliminary …
19-647 Jonathan Corbett v. Transportation Security Administration Eleventh Circuit 2019-11-19 Denied Response Waived article-iii article-iii-standing certainly-impending chain-of-events constitutional-challenge eleventh-circuit future-injury speculative speculative-harm speculative-injury standing standing-article-iii substantial-likelihood supreme-court 1) Does the Eleventh Circuit's "substantial likelihood" test for Article III standing relating to future injuries comport with this Court's "certainly…
19-340 Carey D. Ebert v. John Paul DeJoria, et al. Fifth Circuit 2019-09-16 Denied Response Waived aiding-and-abetting article-iii article-iii-standing bankruptcy bankruptcy-trustee breach-of-fiduciary-duty corporate-debt debtor-corporation fiduciary-duty judicial-proceedings standing trustee unpaid-debt Whether a bankruptcy trustee who proved at trial, without objection, that defendants' tortious conduct (breach of fiduciary duty and aiding and abetti…
19-238 In Re Hotze Health Wellness Center International One, LLC, et al. 2019-08-23 Denied appellate-review article-iii-standing civil-procedure diversity-jurisdiction en-banc-review proposition-65 remand-order removal standing subject-matter-jurisdiction supplemental-jurisdiction (1) Whether the remand order constitutes an appealable abuse of discretion for failing to reach or resolve the jurisdictional issues raised below. (2…
19-42 North Carolina Utilities Commission v. Federal Energy Regulatory Commission District of Columbia 2019-07-05 Denied article-iii article-iii-standing federal-agency-orders federal-energy-regulatory-commission natural-gas-act parens-patriae procedural-rights quasi-sovereign-interests standing state-litigant state-standing If a court of appeals finds a State litigant failed to demonstrate injury-in-fact that is traceable to the challenged action and redressable by the co…
18-1592 Allstate Insurance Company v. Daniel Rivera, et al. Seventh Circuit 2019-06-27 Denied Response RequestedResponse WaivedRelisted (2) article-iii article-iii-standing civil-procedure defamation fair-credit-reporting-act fcra federal-jurisdiction standing state-law-claims supplemental-jurisdiction trial-court-discretion The question presented is whether a federal court may exercise supplemental jurisdiction over state-law claims when it determines after trial that a p…
18-1511 Ajay S. Ahuja v. United States Second Circuit 2019-06-04 Denied Response Waived administrative-law article-iii-standing civil-penalties controlled-substances-act opioid-epidemic record-keeping-requirements rule-of-lenity standing statutory-construction statutory-interpretation Does 21 U.S.C. § 842(c)(1)(B)(i) of the Controlled Substances Act permit the United States to impose a fine for each and every technical violation of …
18-834 Farzana Sheikh, et vir v. San Joaquin General Hospital Ninth Circuit 2019-01-03 Denied 28-usc-636 article-iii article-iii-standing civil-procedure civil-rights due-process injunctive-relief judicial-procedure magistrate magistrate-referral standing A federal court's "obligation" to hear and decide a case that implicates Constitutional and Civil Rights is "virtually unflagging". Parallel state-cou…
18-778 St. Louis Heart Center, Inc. v. Nomax, Inc. Eighth Circuit 2018-12-19 Denied Response Waived article-iii-standing circuit-split civil-rights consumer-protection due-process opt-out-notice spokeo-injury standing statutory-damages tcpa-disclosure telephone-consumer-protection-act Following this Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), three circuit courts of appeals have held that a failure to disclos…
18-750 JTEKT Corporation v. GKN Automotive Ltd. Federal Circuit 2018-12-12 Denied Amici (1)Relisted (2) article-iii article-iii-standing estoppel injury-in-fact inter-partes-review patent patent-office-appeal patent-standing standing standing-article-iii-injury-in-fact-patent-office- statutory-interpretation statutory-rights Can the Federal Circuit refuse to hear an appeal by a petitioner from an adverse final decision in a Patent Office inter partes review on the basis of…
18-604 Lorina G. Delfierro v. Pensco Trust Company, fbo Jeffrey D. Hermann Ninth Circuit 2018-11-08 Denied Response Waived article-iii-standing beneficiary custodial-arrangement custodian due-process fifth-amendment promissory-note self-directed-ira standing standing-article-iii,self-directed-ira,custodian-b When the Internal Revenue Code 26 US 408 requires a Custodian for a Self-Directed IRA to Operate in Commerce and the Contractual Arrange ment Between …
18-6521 Leonard J. Porto, lll v. City of Laguna Beach, California, et al. Ninth Circuit 2018-10-31 Denied IFP article-iii-standing civil-rights credible-threat-of-enforcement due-process enforcement-threat homeless homeless-rights local-ordinance municipal-code public-space shelter-policy standing To challenge a local ordinance that prohibits sleeping in public at all hours, must a party show that he was "arrested, charged, or convicted under th…
18-398 FCA US LLC, et al. v. Brian Flynn, et al. Seventh Circuit 2018-09-28 Denied Amici (4) article-iii-standing civil-procedure civil-procedure-23(f) class-action class-certification interlocutory-review manifest-error predominance standing superiority Plaintiffs brought a purported class action claiming that they bought or leased FCA-manufactured vehicles that were "excessively vulnerable" to being …
18-304 Kimberly-Clark Corporation, et al. v. Jennifer Davidson Ninth Circuit 2018-09-11 Denied article-iii-standing consumer-protection consumer-standing deception declaratory-judgment false-advertising future-harm injunctive-relief product-misrepresentation standing Whether a consumer, who after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly all…
18-270 Damian Phillips v. United States Fourth Circuit 2018-09-04 Denied Response Waived article-iii article-iii-standing civil-forfeiture civil-procedure due-process evidence lujan-test procedural-standing standing summary-judgment third-party-evidence Whether a claimant in a civil forfeiture proceeding has established sufficient Article III standing to withstand summary judgment and proceed to trial…
18-267 Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, et al. District of Columbia 2018-08-31 Denied article-iii article-iii-standing civil-rights congressional-intent due-process federal-election-commission-v-akins federal-question federal-statute informational-injury injury-in-fact judicial-review munsingwear-doctrine munsingwear-vacatur privacy public-disclosure standing standing-injury-in-fact statutory-interpretation 1. Does a plaintiff suffer an Article III injury in fact "when the plaintiff fails to obtain information which must be publicly disclosed pursuant to …
18-225 Zappos.com, Inc. v. Theresa Stevens, et al. Ninth Circuit 2018-08-22 Denied Amici (1)Relisted (2) article-iii article-iii-standing circuit-split civil-rights concrete-injury cybersecurity data-breach due-process future-injury judicial-standing personal-information privacy standing Whether individuals whose personal information is held in a database breached by hackers have Article III standing simply by virtue of the breach even…
18-5136 Francisco Illarramendi v. Securities and Exchange Commission, et al. Second Circuit 2018-07-05 Denied Response WaivedIFP article-iii-standing civil-procedure civil-proceeding constitutional-liberty constitutional-property constitutional-property-rights constitutional-rights district-court inextricably-intertwined liberty-interests parallel-criminal-proceeding property-rights Can Article III Standing be denied to a Defendant in a civil proceeding who objects to District Court Rulings that directly affect the Defendant's con…
23A1160 Ruben Gutierrez v. Luis Saenz, et al. Fifth Circuit Granted article-iii-standing death-penalty dna-testing due-process habeas-corpus post-conviction-relief Whether the Fifth Circuit panel majority's analysis of Article III standing conflicts with this Court's decision in Reed v. Goertz, 598 U.S. 230 (2023…