Second Circuit Review

Court Applies Different Principles When Interpreting Injury in Fact

, New York Law Journal


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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What's being said

  • Matthew Siegel

    However one chooses to interpret and apply "injury in fact" to establish standing under Article III as delineated by the authors, it manifestly appears without further ado that Whalen suffered from the infirmity of "damnum absque injuria," whereas John did not!

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