A federal appeals court has upheld a lower court’s dismissal of a lawsuit while giving plaintiffs a second chance to revise their case. The Ninth Circuit ruled that the original complaint failed to establish legal standing, but left open the possibility of refiling an amended version to address those flaws. The decision highlights the strict requirements for proving a party has been directly harmed in order to pursue a claim. Legal experts will be watching to see whether the plaintiffs can successfully correct their arguments on a second attempt.
The district court had thrown out the case with no opportunity to file an amended complaint; the Ninth Circuit agrees that plaintiffs lacked standing to bring the claim, but allows them to refile an amended complaint to "cure the standing deficiencies" (if they can).
