References in periodicals archive ?
The court properly determined the sole issue they must consider on appeal was whether the district court properly granted the defendants' motion to dismiss for failure to state a claim, and, in order to do so, the Court needed to determine whether the Miller claim stated a redressable cause of action.
requirement of a concrete and direct injury redressable by a judicial
In affirming the district court's grant of summary judgment to the defendants, the seventh circuit found that "[n]one of these actions can support a finding of liability in this retaliation lawsuit, because they are all excluded from consideration by the litigation privilege a doctrine that simply precludes actions taken in the adversarial setting of litigation and otherwise redressable through court process from supporting further litigation.
the interest of a federal taxpayer in seeing that Treasury funds are spent in accordance with the Constitution does not give rise to the kind of redressable "personal injury" required for Article III standing .
agreements concerning military matters or foreign relations) are rarely the subject of domestic litigation, in part because persons typically cannot demonstrate that they have suffered an actual, redressable injury and therefore lack standing to challenge such agreements.
They have argued that, if plaintiffs cannot show that their injury is redressable by the particular governmental entity sued, then their case should be dismissed.
A rule of concrete, palpable, rugged, redressable harm that embraces an intensely subjective and yet non-personalized concern over the racial aesthetics of voting district lines, (85) a shared apprehension over congressional expenditures that aid religious groups, (86) an apparently individuated or representational interest in the impacts of global warming, (87) the generalized "benefits of living in an integrated community," (88) personal annoyance over the structuring of a government bidding process, even if one would never have successfully obtained a bid, (89)and the borrowed interest in representing a class even after one's own dispute has been rendered moot; (90) is, perhaps, an odd one.
The court thus concluded that N&M had not suffered any injury redressable by law.
Added Walton, "And, even if the plaintiffs could establish such an injury, they have failed to demonstrate how the harm they allege is redressable by the relief they seek, or that the Court has any legal authority to award the relief requested.
demonstrate individual, quantifiable, and redressable injury have
So I don't want to be misunderstood as saying that I didn't hear anything that was wrong, but I didn't hear anything that was either a crime or something that I think is legally redressable.
Allen is essentially correct in holding that: "Crime is crime because it consists in wrongdoing which directly and in serious degree threatens the security or well-being of society, and because it is not safe to leave it redressable only by compensation of the party injured.