Legal Opinion
Citizens Coal Council v. Matt Canestrale Contracting, Inc.
District Court, W.D. Pennsylvania
Decided August 22, 2014No. Civil Action No. 13-896PublishedCited by 7 opinions
1Opinion of the Court
OPINION
LENIHAN, United States Chief Magistrate Judge.
Currently pending before the Court for disposition is the Motion to Dismiss filed by Defendant, Matt Canestrale Contracting, Inc. (“MCC”), pursuant to Rule 12(b)(1) (ECF No. 59), challenging Plaintiffs standing to bring this lawsuit. For the reasons that follow, the Court will deny Defendant’s motion to dismiss.
I. LEGAL STANDARD—MOTION TO DISMISS UNDER RULE 12(b)(1)
MCC has moved to dismiss the Amended Complaint pursuant to Rule 12(b)(1) for lack of standing. “A motion to dismiss for want of standing is ... properly brought pursuant to Rule…
2Cases cited20 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Constitution Party of Pennsylv v. Carol AicheleCourt of Appeals for the Third Circuit · 2014
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3Cited by7 opinions
- Aarp v. United States Equal Employment Opportunity CommissionDistrict Court, District of Columbia · 2017
- Students for Fair Admissions, Inc. v. President & Fellows of Harvard CollegeDistrict Court, D. Massachusetts · 2017
- Freedom from Religion Foundation, Inc. v. Connellsville Area School DistrictDistrict Court, W.D. Pennsylvania · 2015
- Conn. Coal. for Justice in Educ. Funding, Inc. v. RellSupreme Court of Connecticut · 2018
- Natural Resources Defense Council v. Illinois Power Resources, LLCDistrict Court, C.D. Illinois · 2016
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