Kathryn Collier v. SP Plus Corporation

This case presents an unusual circumstance: both parties insist that the plaintiffs lack Article III standing to sue. They draw opposing conclusions from this premise, however. The plaintiffs say that without standing their case could not be removed from state court using 28 U.S.C. § 1441 ; the defendant justifies removal but says the case then required dismissal for lack of standing. The district court agreed with the defendant and dismissed the case. But the case was not removable, because the plaintiffs lack Article III standing-negating federal subject-matter jurisdiction. Accordingly, we…