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Does Standing Require Injury?

The 1974 Real Estate Settlement Procedures Act bars, among other things, kickbacks by title insurance companies. Under the law a plaintiff can sue without having to show actual injury. At least that was the argument made by the lawyer representing Denise Edwards, the homebuyer in this case who sued First American Financial Corp. SC111128_Lamken

But it was an uphill battle. Justice Scalia questioned, “I’m not even sure it’s proper to call it a kickback. It’s a commission.” And Justice Alito told Edwards’ attorney, Jeffrey Lamken, “We are looking for whether there is injury in fact.” SC111128_Panner

In his rebuttal Aaron M. Panner, the lawyer for First American, reaffirmed that “what is required is an injury-in-fact, a harm to the plaintiff who is seeking to obtain redress from the courts.

Mike Sacks brilliant analysis of the argument is here.

 

 

 

Posted in Arguments, Supreme Court Tagged with: ,

Taxpayers Lose Standing

In a 5-4 decision the Supreme Court today ruled that ordinary citizens cannot challenge an Arizona program that gave a dollar-for-dollar credit to taxpayers who donated to a School Tuition Organizations, or STOs, which in turn direct money to religious activities.SC110404_Kennedy

In reading the opinion of the Court, Justice Kennedy said the taxpayers lacked “standing“.

Bloomberg has story here.

Posted in Opinions, Supreme Court Tagged with: , , , ,
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