Supreme Court Standing Law Continues to Befuddle Courts

Opinions accompanying the Eleventh Circuit’s decision not to rehear a mortgage dispute show that the lower courts continue to struggle with a recent U.S. Supreme Court ruling on standing (Nicklaw v. Citimortgage Inc., 2017 BL 145208, 11th Cir., No. 15-14216, en banc review denied 5/1/17).

“Frankly, we have never seen a published opinion regarding the denial of a rehearing en banc, let alone where the request for the en banc hearing was made by a sitting member of the circuit court,” defense attorney David Almeida told Bloomberg BNA.

Almeida is a partner at Benesch, Friedlander, Coplan & ...