Hochendoner v. Genzyme Corporation
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
These consolidated actions stand on the cutting edge of modern medicine. In the end, however, they reduce mainly to a question of standing. Though we affirm the order of dismissal (with one small exception), our reasoning differs from that of the district court: we dismiss for lack of Article III standing. Because a dismissal for lack of standing is functionally equivalent to a dismissal for lack of jurisdiction, the resulting judgment will (unlike a judgment on the merits) operate without prejudice. The tale follows.
I. BACKGROUND
Because these appeals follow the granting…
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