Standing: The issue du jour

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Pretzel & Stouffer focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. His views are his own and not those of his firm or its clients.

Posted June 24, 2020 10:22 AM

At the current pace and scope of decisions, evaluation of the plaintiff’s standing by defense counsel will occur in the initial file review right along with determinations of whether there is personal jurisdiction, adequacy of service, propriety of forum and venue, and availability of removal to federal court. Taking the lead from the U.S. Supreme Court and its decision in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), Illinois courts of review and the 7th U.S. Circuit Court of Appeals have issued a swath of decisions …

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