Legal Opinion

Hochendoner v. Genzyme Corporation

Court of Appeals for the First Circuit

Decided May 23, 2016No. 15-1446PPublishedCited by 220 opinions

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…

2Cases cited38 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  5. Lewis v. CaseySupreme Court of the United States · 1996

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3Cited by220 opinions

  1. Reddy v. FosterCourt of Appeals for the First Circuit · 2017
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  4. Hagerty Ex Rel. United States v. Cyberonics, Inc.Court of Appeals for the First Circuit · 2016
  5. United States Ex Rel. Escobar v. Universal Health Services, Inc.Court of Appeals for the First Circuit · 2016

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