Questions tagged [standing]

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8 votes
1 answer
2k views

How can misattributed paternity cause "a welfare minefield"?

It is in the news that a council was denied their request to force a DNA test on a child where there was a case of suspected intentional misattributed paternity. In criticising the family involved ...
0 votes
3 answers
296 views

If Microsoft and Activision Blizzard are both based in the USA, how does the UK have standing to block the merger?

Per this story from the BBC or Bloomberg The UK Competition and Markets Authority has apparently decided to block the merger of Microsoft and Activision Blizzard. The story notes: "To go through,...
-4 votes
1 answer
100 views

Post Alliance for Hippocratic Medicine standing

PETA spends significant amounts of money trying to get people to voluntarily not eat meat. If the government had outlawed eating meat, people would be forced to not eat meat, and so it would not have ...
-2 votes
1 answer
182 views

Can someone claim compensation for discrimination even if they weren't personally affected by it? [duplicate]

Dr. Bower attempted to buy and later did buy Pink IPA from Brewdog, but was not allowed to do so because he looked male. As they maintained this criterion that negatively impacted not only Dr. Bower, ...
1 vote
2 answers
83 views

Would a political candidate have standing to sue for a writ of mandamus for the IRS to enforce the Johnson amendment?

I was brainstorming who might have standing to see to bring such a suit. If a religious organization is directly supporting a political candidate's rival, would that grant standing to bring a suit? ...
9 votes
2 answers
4k views

Can an animal file a lawsuit on its own behalf?

I need to find a case regarding whether a Gray Wolf can file a lawsuit on its own behalf with regard to the Endangered Species Act. I don't have a specific jurisdiction and I have searched different ...
2 votes
1 answer
197 views

Would anyone have standing to challenge Biden's student loan forgiveness program?

Assuming that President Biden does sign an Executive Order to forgive student loans, would anyone have standing to challenge this action in court? Presumably those whose debt was discharged won't have ...
16 votes
3 answers
4k views

Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?

Let’s make this hypothetical. Two U.S. states, East Lumbago and West Lumbago, which share a common border. It’s a First Amendment issue, specifically: “Congress shall make no law . . . abridging . . . ...
4 votes
5 answers
246 views

Texas: Standing

Citizens can sue abortion providers for alleged violations, and plaintiffs will receive $10,000 from the accused if successful. The law also impacts anyone who "aids or abets" an abortion, ...
2 votes
0 answers
91 views

Who, if anyone, has standing to sue over improperly-run elections?

In Wood v. Raffensperger, Wood alleged that the Georgia 2020 general election was invalid due to the defendants conducting their election-related roles in an unconstitutional manner. Like most ...
8 votes
3 answers
5k views

How does California (CA) have standing in CA vs Activision Blizzard?

It's been reported that the state of California (CA) has sued Activision Blizzard as a result of its two-year-long investigation. The alleged actions are not alleged to be ongoing. It's been reported ...
22 votes
4 answers
4k views

Government's standing in criminal trials

There's an answer on politics SE that has some upvotes (but more downvotes) claiming (even more adamantly in subsequent comments) that standing is issue of substantial importance in criminal trials; ...
14 votes
3 answers
6k views

Why do courts dismiss cases as moot?

Trump recently received a subpoena that would have forced him to testify at a trial. He appealed it saying he couldn't be compelled to testify as the sitting president. The appeal is now dismissed as ...
4 votes
5 answers
216 views

Trying to get sued?

Are there any situations in which some party would seek to be sued? The thought came up while I was looking at some law related to copyright and public domain where it was noted that some parts were ...
18 votes
2 answers
4k views

Does Texas have standing to litigate against other States' election results?

https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637 What standing is required (if any) for an entity (person, corporation, state, etc.) to ...
1 vote
2 answers
77 views

If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?

My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here: If an ...
0 votes
3 answers
242 views

How does [arbitrary attorney] have standing?

As I understand it, Judge Sullivan has a conflict with the executive branch and appointed an attorney to plead his case. But how can one delegate power one doesn’t have? Either the power is delegated ...
-2 votes
2 answers
329 views

How does Judge Sullivan have standing?

As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case. As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that ...
2 votes
1 answer
252 views

Does the Trump campaign have standing to sue over defamation against Trump?

The NY Times, the Washington Post and, most recently, CNN, are being sued for defaming Trump. However: As with the other two cases, this one is being brought on behalf of the campaign, rather than ...
3 votes
1 answer
605 views

(US/Florida) Can an individual sue a public university to get them to enforce one of their existing policies?

This is a question of theoretical interest, since the likelihood that I'd actually take this action is near 0. So, there is one particular commonly traveled outdoor covered hallway on campus that is ...
-6 votes
7 answers
4k views

Is standing required in traffic court cases when the accused raises the interest?

I have a speeding ticket court date coming up soon in NY and I don't know if there will be a prosecutor or a plaintiff or just the police officer against me. One of my main arguments will be that the ...
3 votes
4 answers
702 views

Is "standing" required in a "private prosecution", and if so, who has it?

I have been reading a little bit about "private prosecutions." One question in my mind is, if they were legal, who would have standing to prosecute them? Would standing even be required? For ...
0 votes
1 answer
154 views

Standing and legal remedies for voter suppression and vote discarding

Suppose that there is an intentional and successful effort by the government to suppress voters likely to vote for a particular candidate or party. Further suppose that this extends to an intentional ...
1 vote
1 answer
82 views

If A fails to pay C under a contract between A and B to do so, can C sue A?

A promises B to pay C a sum of money, say Rs.500. However, A does not pay the amount to C. Can C take legal action against A for non-performance?
4 votes
1 answer
261 views

Could a federal criminal defendant sue the Senate on 6th amendment grounds?

Specifically, I'm talking about the part of the 6th amendment that guarantees the right to a speedy trial. I've read quite a bit about the long vacancies in federal judge positions due to the senate ...
3 votes
3 answers
384 views

If a company offers relief to the potential lead plaintiff in a class action, does that moot the case?

Suppose a plaintiff (let's call her Josephine) sues a company (let's call it CE Inc.) under a statute that sets out the maximum remedy that Josephine could be awarded for CE Inc's violation of that ...
3 votes
0 answers
78 views

In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?

As a follow-up to https://law.stackexchange.com/questions/917/can-texas-landlords-charge-administrative-fee-twice-thrice, suppose there's a high chance that a court would accept that it was NOT ...