· 2/25/2005
Small v. General Nutrition Companies, Inc.
Citations
- 388 F. Supp. 2d 83
- 2005 U.S. Dist. LEXIS 4820
- 2005 WL 887020
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in the context of associational standing, the association’s standing is coterminous with that of its injured members
- noting that representational standing may be substantiated through affidavit of one member alleging specific instance of ADA violation
- “[Bjecause associational standing exists only insofar as organization members have standing, associational standing may not be broader or more extensive than the standing of the organization’s members.”
- “[A] plaintiffs showing that he ‘live[s] in close proximity’ to the public accommodations he is challenging is clearly insufficient to establish standing.”
- court finds “persuasive [ ] the Third Circuit’s analysis of the third Hunt prong”
- plaintiff seeking injunctive relief must show plausible intention to return to place but for access barriers; intent to return to place of injury “some day” is insufficient
Source: CourtListener parenthetical corpus (CC0).
Judges: Ross
Read full opinion on CourtListenerSourced 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.