What is the test for standing in a civil action brought by a plaintiff who alleges he was injured in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Jamison v. Bank of Am., N.A., No. 2:16-cv-00422-KJM-AC (E.D. Cal. 2017):

To establish standing, (1) the plaintiff must have suffered an "injury-in-fact," (2) there must be a "causal connection between the injury and the conduct complained of," and (3) it must be likely that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992). To find an "injury in fact," the plaintiff must demonstrate "an invasion of a legally protected interest which is (a) concrete and particularized . . . and (b) actual or imminent, not conjectural or hypothetical." Id. at 560 (internal citations and quotation marks omitted).

A Rule 12(b)(1) jurisdictional attack on standing grounds may be facial or factual. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004) (citing White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000)). In a facial attack, the challenger asserts the allegations contained in a complaint are insufficient on their face to invoke federal jurisdiction. Id. In a

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factual attack, the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction. Id.

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