What is the test for "particularized injury" in a tort action?

MultiRegion, United States of America

The following excerpt is from In re Hydroxycut Mktg. & Sales v. Iovate Health Sci. Group, Inc., CASE NO. 09md2087 BTM (CAB), S.D. Cal. No. 09cv1088 (S.D. Cal. 2011):

(1962)). "[T]he plaintiff must have suffered an 'injury in fact' - an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical." Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (citations, internal quotation marks, and footnote omitted). A "particularized" injury is one that "affect[s] the plaintiff in a personal and individual way." Id. at 560 n. 1.

Other Questions


Is a debt arising from a malicious injury when it is determined that the creditor intended to cause injury to the creditor or had a reasonable chance of injury? (federal, United States of America)
In a personal injury action, can a plaintiff obtain surveillance footage of the scene of injury? ("New York", United States of America)
What is the test for a default judgment in a personal injury action brought by a defendant who has not appeared or defended the action? (MultiRegion, United States of America)
Is a wrongful death a cause of action for personal injury to the beneficiary of the action? ("New York", United States of America)
In a wrongful death action for personal injury and pain and suffering incurred by the beneficiaries of the deceased, is there a right to double recovery of the expenses incurred in the absence of a survival action? ("New York", United States of America)
What is a "willful" action in a personal injury action? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
Is a judge immune from a personal injury action for actions taken within the jurisdiction of his or her own court? (MultiRegion, United States of America)
What is the proper form of assignment for an assignment in a personal injury action? (MultiRegion, United States of America)
What is the test for having a lawyer in a personal injury action? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.