Brien Roche
What is Standing?
Standing is often overlooked as a potential ground for objection.
Black’s Law Dictionary defines standing as “a party’s right to make a legal claim or seek judicial enforcement of a duty or right.”
An example of the above may be seen in Va. Code § 55.1-119. This Code section seems to bestow standing on persons not a party to an instrument but where the instrument is made for their benefit.
What Is Standing In Personal Injury Cases?
To have standing, a party must show:
- They have suffered or soon will suffer an injury in fact
- the injury is traceable to the defendant
- a favorable judgment will redress the injury. Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., 629 F.3d 387, 396 (4th Cir. 2011); Marrs v. Northam, Record #200573 (Virginia Supreme Court, June 17, 2020)
Sometimes individuals who are not a party to a particular suit may have standing where they stand to lose by its outcome but have no effective avenue of preserving their rights themselves. Tucek v. Commonwealth, 44 Va. App. 613, 617, Note 3 (2004) The injury that the plaintiff claims need not be significant. It may simply be a trifle. Typically the standing of a party is reviewed on appeal subject to de novo review. Chesapeake Bay Foundation, Inc. v. Commonwealth, 46 Va. App. 104 (2005)
What Happens If There is No Standing?
The issue of whether a party has standing may arise in several ways. When a motion challenging standing is granted, the matter has to be dismissed. That is, it is not possible to substitute a party with standing for one who does not have standing. Elk Grove Unified School District v. Newdow, 542 U.S1 (2004)
The issue of standing may arise in declaratory judgment actions relating to insurance coverage. See the post on this site dealing with declaratory actions.
Call, or contact us for a free consult. Also see the post on this site dealing with jurisdictional issues.
