Pactiv Corp. v. Chester

OPINION AND ORDER GRANTING IN PART DEFENDANTS’ MOTION UNDER F.R. CIV. P. 12(b)(1)

FEIKENS, District Judge.

Under Federal Rule of Civil Procedure 12(b)(1), Defendants contest this Court’s jurisdiction over this case 1 in lieu of an Answer, claiming there is a lack of standing and ripeness based on insufficient injury to Plaintiff. For the reasons below, I find that while Plaintiff satisfies its burden to allege standing on all claims, only the claims as to M.C.L. §§ 324.20114(1)(h) and 324.20137(1) are sufficiently ripe, and therefore GRANT in part Defendants’ motion. Finally, I decline to…