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Suppose I want to test the constitutionality of copyright. (It's obviously constitutional; I'm just using it as an example because it makes explaining my question easy and the exact law I'm testing isn't really relevant.) I register two LLCs, A and B. I take a picture and assign the copyright to A. I then create a Web site for B, and publish the picture on B's Web site. Even though I own both, A never gave B permission to use the picture. Can I hire lawyers for both companies and have A sue B for copyright infringement?

Note: I'm intentionally not tagging this as . The question is not about copyright; copyright is just an example. You could replace "B violates A's copyright" with any other scenario where a law gives one legal person a right to sue another legal person.

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No

The general common law rule is that a lawsuit requires an actual dispute. This is a contrived dispute with no real-world relevance. With apparent (or even actual) authority to act on behalf of A, you assisted B with making copies. The moment you contrived this scheme and set it into motion, you consented on behalf of A to allow B to use the materials.

It is like paying someone to slip and "fall" on your sidewalk so they can sue you. There is no actual dispute, and volunti fit non injuria.

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