Litigating standing in federal court can often feel like a frustrating game of whack-a-mole. What good is a winning Article III standing defense if plaintiffs can simply refile their claims in more hostile state courts with looser standing and class-certification requirements? That prospect so frustrates defendants that sometimes they don't even bother raising standing objections in federal court. It's not worth the trouble if winning on standing could land you in a worse forum. Indeed, to avoid removal to federal court, some plaintiffs seeking to remain in state court even affirmatively disclaim suffering any concrete injury that would establish standing.[1] But is suing in state court really such an easy end run around the U.S. Constitution's standing rules? Maybe not. If you assume those federal rules never apply in state court, think again.
What good is a winning Article III standing defense if plaintiffs can refile their claims in more hostile state courts with looser standing & class-certification requirements?
United States Ohio State University New Hampshire Miami Gardens Ann Woolhandler Caleb Nelson Justice John Roberts
Source: uschamber.com