1/27/2024 0 Comments Lack of standing motion to dismissBecause the FCRA doesn't require a prospective employer to give a written summary to an applicant when obtaining a generic consumer report, the plaintiffs could not establish standing. But the FCRA requires a written summary for only an investigative consumer report. It quickly dispensed with the plaintiffs' claim that Wal-Mart, before procuring their consumer report, failed to give the plaintiffs a written summary of their rights. The court first examined Wal-Mart's argument that the plaintiffs lacked standing to sue because they lacked a real-world injury. And as the Petitioner in the Supreme Court case Frank v Gaos learned in October Term 2018, courts can raise it sua sponte as well. Because standing is a jurisdictional question, defendants can raise it at any point in the litigation. Constitution, which limits federal courts to hearing only "cases and controversies." The doctrine puts the onus on a plaintiff to prove, among other factors, that she suffered an actual harm, and if she can't, the court has no jurisdiction over the case. The doctrine is based in Article III of the U.S. (Photo by Art Media/Print Collector/Getty Images) Print Collector/Getty ImagesĪ plaintiff’s lack of standing to sue is about as close to a silver-bullet defense as civil-litigation defendants have at their disposal in federal court. From the Museum of the Roman Civilization, Rome. He fought against the Romans and is best known for giving rise to the phrase 'pyrrhic victory', which derives from the Battle of Asculum in 279 BC.
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