Standing

Since Alexander v. Sandoval (2001) 121 S.Ct. 1511, federal courts do not imply private causes of action unless a federal statute evinces an intent to create one.  The Hobbs Act (18 U.S.C. § 1951) does not show any intent to create a private right of action.  It is a simple criminal statute, outlawing use of robbery, extortion or threats of… Read More

Disabled residents of New Orleans had Article III standing to sue Uber for refusing to make uberWAV (wheelchair accessable rides) available in New Orleans.  The residents didn't have to sign up to use Uber's app (and thus agree to its arbitration clause) to have Article III standing since doing so would have been a futile gesture.  As there was no… Read More

A private citizen group of taxpayers had taxpayer standing under CCP 526a to sue the District Attorney seeking an injunction to stop his office's confidential informant program, the principal aim of which was to secure confessions from criminal defendants in violation of their constitutional rights.  The suit was brought by taxpayers to enjoin waste of public funds on an illegal… Read More

When the question is one of public right and the object of a petition for writ of mandate is to enforce a public duty, the petitioner need not demonstrate some special interest to be served or some particular right to be preserved or protected over and above the interest held in common with the public at large. Read More

Individual plaintiff-voter lacks standing to challenge statewide voting inequalities involving districts other than his own. Read More

A person adversely affected by a bankruptcy court order has the standing to appeal from the order, even if he did not appear at the hearing or raise an objection before entry of the appealed order. Read More

An employee who has been affected by one Labor Code violation by the employer may bring a Private Attorney General Act suit against the employer for civil penalties based on all Labor Code violations committed by the employer.  Read More

A taxpayer who is not a party to a government contract nevertheless has the standing to seek invalidation of the contract on the ground the public officer letting the contract had a personal interest in it. Read More

Naruto, the monkey, cannot sue for copyright infringement; the Copyright Act does not grant animals standing. Read More

Since website’s data security breach exposed plaintiffs to a substantial risk that hackers will commit identity theft, they had Article III standing to maintain the suit. Read More