United States Ninth Circuit

Dismissal of a suit by the State of Oregon against a nonprofit corporation for an alleged violation of its rights under the Tenth Amendment is vacated and remanded with instructions to dismiss the action for lack of subject matter jurisdiction where Oregon has not alleged a sufficiently concrete and particularized injury to confer standing.

Appellate Information

• Argued 10/23/2008
• Decided 01/08/2009
• Published 01/08/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges, and GEORGE WU, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Hardy Myers, Mary H. Williams, Stephen K. Bushong, and Jacqueline Sadker, Oregon Department of Justice, Salem, OR, for the plaintiff-appellant.


• For Appellees:
  
• William S. Freeman, Cooley Godward Kronish LLP, Palo Alto, CA;  Alan Levine, Rachel B. Kane, and Allison Hersh, Cooley Godward Kronish LLP, New York, NY, for the defendant-appellee., Peter D. Keisler, Karin J. Immergut, Barbara L. Herwig, and Matthew M. Collette, United States Department of Justice, Civil Division, Washington, D.C., for the intervenor-appellee.