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Held that state taxpayers do not have standing to challenge to state tax laws in federal court. 9–0 Massachusetts v. EPA: 2007: States have standing to sue the EPA to enforce their views of federal law, in this case, the view that carbon dioxide was an air pollutant under the Clean Air Act. Cited Georgia v. Tennessee Copper Co. as precedent ...
Third party standing is a term of the law of civil procedure that describes when one party may file a lawsuit or assert a defense in which the rights of third parties are asserted. In the United States , this is generally prohibited, as a party can only assert his or her own rights and cannot raise the claims of right of a third party who is ...
Using the vocabulary of the Federal Rules of Civil Procedure, the defendant seeks to become a third-party plaintiff by filing a third party complaint against a third party not presently party to the lawsuit, who thereby becomes a third-party defendant. This complaint alleges that the third party is liable for all or part of the damages that the ...
Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
United States Department of Health and Human Services, 682 F.3d 1 (1st Cir. 2006): Federal prohibition on same-sex marriage was unconstitutional. Cook v. Gates , 528 F.3d 42 (1st Cir. 2008): " Don't ask, Don't tell " policy upheld against due process and equal protection Fifth Amendment challenges and a free speech challenge under the First ...
The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information.
Pendent party jurisdiction is a form of supplemental jurisdiction covered by 28 U.S.C. § 1367. Subsection (b) prohibits parties from being joined in a federal case brought under the diversity jurisdiction of the federal courts (where diversity is the sole basis of federal court jurisdiction), if joining such parties would eliminate complete ...
Federal courts typically use the following rules to dismiss disputes as nonjusticiable: The general rule against federal or state taxpayer standing. However, this rule has exceptions rooted in the First Amendment. The rule against third-party standing or third-party claims. The rule against generalized grievances. The zone of interest test.