Corey Stoughton, special counsel at Selendy Gay, authored an article in the New York Law Journal examining the growing risks surrounding standing in appellate litigation.
In “Planning for Appellate Standing Risks in Uncertain Times,” Corey explores how courts are increasingly scrutinizing standing, the legal requirement that a plaintiff has a sufficient stake in a dispute to bring a claim, including raising issues sua sponte on appeal, and how evolving doctrine has made standing a more complex and unstable area of law. She explains that even where standing is not challenged at the trial level, appellate courts may revisit the issue and apply different or heightened standards, creating significant risk for litigants.
Drawing on recent appellate decisions, Corey highlights how courts have revisited standing based on the existing record, at times dismissing claims where plaintiffs failed to establish a sufficient jurisdictional basis, meaning a legal right to bring the case in court.
The article underscores the importance of proactively assessing and developing standing at every stage of litigation, rather than relying on the absence of a challenge at earlier stages, as parties may not have a second opportunity to cure defects once a case reaches appeal.
Read Corey’s full analysis in the New York Law Journal.
