Second Circuit ReviewMartin Flumenbaum and Brad S. Karp, New York Law Journal
Court Applies Different Principles When Interpreting Injury in Fact
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp write: Although it is "first and foremost of standing's three elements," in the words of the Supreme Court, injury in fact is not always analyzed consistently: Two opinions handed down in May and June by the circuit appear to apply different principles in interpreting injury in fact. Perhaps as a result of their different analyses, the opinions ordered different appellate dispositions.
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