Skip to main content
· 5/5/2006

Building And Construction Trades Council Of Buffalo, New York And Vicinity v. Downtown Development, Inc.

Citations

  • 448 F.3d 138

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that an organizational plaintiff need not identify specific injured members by name at the pleading stage, but recognizing that a naming requirement “might have some validity . . . at the summary judgment stage”
  • finding that allegations that the plaintiffs were exposed to pollutants by working at contaminated site and drinking water from public water supplies drawn from contaminated lake were “sufficiently concrete” to allege injury in fact
  • rejecting the notion that an organization must “name names” in its complaint to obtain standing
  • looking beyond the pleadings in ruling on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(1)
  • explaining that, if an alleged violation ceased between the filing of the original complaint and the amended complaint, the plaintiff would still have standing because “[t]he critical time for determining whether there is an ongoing violation is when the complaint is filed”
  • stating, pre-Summers, that “the defendants cite to no authority—nor are we aware of any—that supports the proposition that an association must ‘name names’ in a complaint in order properly to allege injury in fact to its members”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.