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Second Circuit – Article III: Do No Harm v. Pfizer
Daily Record Staff//February 25, 2025//
Listen to this articleUnited States Court of Appeals for the Second Circuit
Article III — Standard — Dismissal stage
23-15-cv
Judges Jacobs, Wesley, and Robinson
Background: The plaintiffs appealed from the sua sponte dismissal of their claims on the basis of lack of Article III jurisdiction. On a petition for rehearing, the Second Circuit withdrew its opinion and issued the following decision.
Ruling: The Second Circuit vacated and remanded. The court held that the district court applied the wrong standard in assessing the plaintiff’s standing. To secure a preliminary injunction, the evidentiary burden is at least as onerous as the burden for establishing standing to secure summary judgment. However, at the dismissal stage a plaintiff can establish standing on the basis of allegations.
Cameron T. Norris, of Consovoy McCarthy, for the plaintiff-appellant; Samantha Lee Chaifetz, of DLA Piper, for the defendant-appellee.
Case Digests
- Fourth Department – Medical malpractice: Verebridge v. Harpreet Deol, et al.
- Fourth Department – Res judicata: Varma v. Allstate Insurance Co.
- Second Circuit – Federal Reserve Act:Banco San Juan Internacional, Inc. v. Fed. Rsrv. Bank of N.Y., Bd. of Governors of the Fed. Rsrv.
- Second Circuit – Sentencing: United States v. Jimenez
- Fourth Department – Adult Survivors Act: Van Hooser v. Etasam Inc.
- Fourth Department – Ineffective assistance of counsel: People v. Turner
- Fourth Department – Ineffective assistance of counsel: People v. Thanthima
- Second Circuit – Sentencing: United States v. Dralle
- Fourth Department – Ineffective assistance of counsel: People v. Serrano
- Second Circuit – Habeas Corpus: Brown v. James
- Fourth Department – Comptroller authority: Scanlon v. Miller-Williams
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