Can a motion to dismiss a case that lacks Article III standing be dismissed for a lack of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from In re Qualcomm Litig., Case No.: 17-cv-00108-GPC-MDD (S.D. Cal. 2017):
A case that lacks Article III standing must be dismissed for a lack of subject matter jurisdiction. See Maya v. Centex Corp., 658 F.3d 1060, 1066-67 (9th Cir. 2001). Since
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standing is essential to a federal court's subject matter jurisdiction, the issue of standing is properly raised in a Rule 12(b)(1) motion to dismiss. Chandler v. State Farm Mut. Auto. Ins. Co., 598 F.3d 1115, 1122 (9th Cir. 2010).
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